Bail In Criminal Courts In Virginia

Category:

Criminal - Bail

State:

Multi-State

Control #:

US-00006DR

Format:

Instant download

Description

The Bail Bond Agreement is a crucial document in the context of bail in criminal courts in Virginia. It establishes the terms and conditions under which a bail bonding company will secure the release of a defendant pending trial. The form outlines the obligations of the applicant, including paying a premium, indemnifying the bonding company and surety against liabilities, and providing cooperation in securing the defendant's appearance in court. Detailed instructions for filling out the form are included, emphasizing accuracy in personal information and understanding of financial obligations. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who navigate the bail process on behalf of clients. It ensures that the rights and responsibilities of all parties involved are clearly delineated, aiding in the effective management of bail situations. The agreement also allows the bonding company to recover costs related to the defendant's apprehension, reinforcing the importance of financial clarity and accountability. Overall, the Bail Bond Agreement serves as an essential tool for legal professionals dealing with bail matters in Virginia.

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FAQ

Virginia Code Section 19.2-120 states that a person pending a trial or hearing, shall be admitted to bail, unless there is reason to believe: They will not appear for trial. They are an unreasonable danger to himself/ herself. They would constitute an unreasonable danger to the public.

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.

There is no fixed schedule for bond amounts, but typical amounts might be $500-5000 for misdemeanors; $2500-10,000 for property and drug felonies; and $25,000-50,000 or much more for serious felonies.

Most bond agreements include travel restrictions, confining you to a specific geographic area such as your county or state. These limitations are designed to ensure your availability for court dates. If travel is necessary, you must seek prior approval from the court or your bail bondsman.

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.

Failing to post bond has several consequences: Extended Jail Time: You remain in custody until your court date, ranging from weeks to months. Court Appearances: Regular court appearances are required. Impact on Employment and Family: Prolonged jail time can lead to job loss and financial strain.

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.