Define Bail In Law Terms In Virginia

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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

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.

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.

When a judge announces no bond, the defendant isn't eligible for release from county jail through bail as the judge has not set a bail amount. Instead, the arrested person has to remain in custody until the case concludes or a judge potentially sets bail at a later hearing.

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.

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.

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.

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.

§ 19.2-123. Release of accused on secured or unsecured bond or promise to appear; conditions of release.

§ 19.2-119. "Bail" means the pretrial release of a person from custody upon those terms and conditions specified by order of an appropriate judicial officer.

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Each court can set the bail restrictions. Virginia state law has established legal definitions of these terms.Bail: A sum of money exchanged for the release of an arrested person as a guarantee of that person's appearance for trial. However, with an unsecured bond, the court sets an amount that must be paid if the accused misses any court hearings or violates other terms of his release. Procedurally, in Virginia the term "arraignment" is commonly used to refer to the first appearance an accused will make before the Court. Check one of the boxes in Data. Procedurally, in Virginia the term "arraignment" is commonly used to refer to the first appearance an accused will make before the Court. Check one of the boxes in Data. To carry out, complete or dispose of according to law.

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Define Bail In Law Terms In Virginia