Bond Definition In Law 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

Virginia bonds are primarily used for new construction and improvements at our institutions of higher education, transportation and port facilities, schools and state park and correctional facilities.

Factors considered include the seriousness of the charges, the defendant's criminal history, ties to the community, and their financial situation. Pretrial Services Report – The judge may also review a report that the pretrial services agency prepares.

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.

A judge determines the amount of bail based on factors like the severity of the alleged offense, the likelihood that the defendant will commit additional crimes after being released, and the chances that the defendant will flee the jurisdiction before trial.

A bond's credit quality is usually determined by independent bond rating agencies, such as Moody's Investors Service, Inc., and Standard & Poor's Corporation (S&P). These agencies classify bonds into 2 basic categories—investment-grade and below-investment-grade—and provide detailed ratings within each.

While the principal may desire the release of the bond upon fulfilling their obligations, the obligee typically holds the authority to request release, as they are the party protected by the bond.

These factors are set out in Section 19.2-120 of the Virginia Code (set out below) and include the nature and circumstances of the alleged offense, the history and characteristics of the accused including character, physical and mental condition, family ties, employment, financial resources, length of residence in the ...

A performance bond is issued to one party of a contract as a guarantee against the failure of the other party to meet the obligations of the contract. A performance bond is usually issued by a bank or an insurance company. Performance bonds can also be used in commodity trades as a guarantee of delivery.

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Bond Definition In Law In Virginia