Virginia Bail Bond Agreement

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Multi-State
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US-00006DR
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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

Yes. You must pay the full amount of the bond to satisfy a secure bond with cash. The court will refund the money to you following the final disposition of the charges, including any appeals, but may order that you forfeit the bond if the person fails to appear for a scheduled court date.

The Bail Bonds Process in Virginia During the booking process, a magistrate will decide whether or not to set bail. Once arrested and booked, there are typically three release options for the defendant, which are: release on their own recognizance, cash bail, or surety bond.

Typically, a bail bond agency charges a percentage of the total bail amount as their fee. This percentage can vary but is often around 10% in Virginia.

How may a secure bond be posted? Under § 19.2-123 of the Code of Virginia, a secure bond may be satisfied by cash, by real property (land), or by personal property. Real or personal property must be worth at least the amount of the bond.

Under Virginia Code § 19.2-120, there is a presumption that bail should be set so the defendant can be released from jail until his trial unless certain exceptions apply. Before conducting the bail hearing, the magistrate should obtain the person's criminal record if at all possible.

Securing A Bail Bond In Virginia Rather than paying the entire cost of bail upfront, a bail bondsman will only require a small percentage of the bail to be paid. In Virginia, legal limits have been set so that this percentage must fall between the 10% and 15% range. No lower and no higher is permitted.

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Virginia Bail Bond Agreement