Bail Definition Under Law In Virginia
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Appeal from bail, bond, or recognizance order. A. If a judicial officer denies bail to a person, requires excessive bond, or fixes unreasonable terms of a recognizance under this article, the person may appeal the decision of the judicial officer.
In criminal law, bail is the process of releasing a defendant from jail or other governmental custody with conditions set to reasonably assure public safety and court appearance.
Types of Bail in Virginia Criminal Cases However, if the magistrate does not set bond, then you will remain in jail either until released after trial or sentencing or until your defense attorney files a motion in court. There are three types of bail set in Virginia criminal cases: Recognizance.
What factors does a magistrate consider when determining bail? By law, a magistrate must consider: (i) The nature and circumstances of the offense. (ii) Whether a firearm is alleged to have been used in the offense.
Definitions. As used in this chapter: "Bail" means the pretrial release of a person from custody upon those terms and conditions specified by order of an appropriate judicial officer.
Release of accused on secured or unsecured bond or promise to appear; conditions of release.
§ 19.2-128. Any person (i) charged with a felony offense or (ii) convicted of a felony offense and execution of sentence is suspended pursuant to § 19.2-319 who willfully fails to appear before any court as required is guilty of a Class 6 felony.
§ 19.2-121. If the person is admitted to bail, the terms thereof shall be such as, in the judgment of any official granting or reconsidering the same, will be reasonably fixed to ensure the appearance of the accused and to ensure his good behavior pending trial.
Failure to Appear in Virginia is charged under Virginia Code §19.2-128. It is a Class 1 misdemeanor punishable by zero to twelve months in jail and/or a fine of up to $2,500.00.
