Bail Out Of Jail For In Virginia

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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

No, bail is for people awaiting sentencing. Until that time you are innocent and bail is just a way to guarantee that you will go to court. After sentencing you are being detained as punishment and you must complete your sentence.

You can negotiate for lower criminal penalties during a plea negotiation. Your attorney can argue for a reduced sentence during the sentencing hearing. After conviction, you can file a motion to reconsider your sentence or get an early release with good behavior.

You cannot bail out anyone who has been sentenced to prison. Bail is only for pre-sentencing proceedings. Once sentenced to incarceration bail is revoked, and the defendant is taken into custody.

Yes! In California, bonds can be posted twenty-four hours a day, seven days per week. But whether you can bail someone out of jail at any time depends on their situation. When someone is arrested, they have a first appearance soon after.

Typically after sentencing, the case is done. In some cases, the defendant may choose to appeal the judge or jury's decision, or even the sentence. There are strict deadlines for appealing. After a defendant serves a sentence, in some cases, they may be able to "clean their record".

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.

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.

Bailing someone out of jail who has a history of untrustworthy behavior can create headaches. You're essentially agreeing to put up 10 percent of a bail bond that could be tens of thousands — or even hundreds of thousands — of dollars. If they fail to show, then you went to all that extra trouble for nothing.

Even if you have been sentenced for a crime, you may be able to post bail and get out of custody during the course of your appeal. Post-conviction bail is not available in all states because it is not a constitutional right.

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Bail Out Of Jail For In Virginia