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Motion to Release Defendant and Set Reasonable Bail

Virginia Motion to Release Defendant and Set Reasonable Bail

Category:

Criminal - Motions

State:

Multi-State

Control #:

US-02728BG

Format:

Instant download

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 second deed of trust or mortgage on one's house.

The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.

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How to fill out Motion To Release Defendant And Set Reasonable Bail?

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FAQ

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.

Virginia Code 19.2-123(A)(3). Section 123 allows a judicial officer to impose any other conditions but not dictate how a defendant may choose to post bond. Therefore, a judicial officer may not mandate a ?CASH ONLY? bond. Virginia Code 123, Bretz v.

For minor offenses, the court may release you on your own recognizance without posting bail. You still have to appear in court for any upcoming hearings, and failure to show up could mean a warrant for your arrest.

?All persons shall be bailable by sufficient sureties, except for capital offenses, where the proof is evident or the presumption great. Excessive bail shall not be required, nor excess fines imposed, nor cruel and unusual punishments inflicted.?

A. If a judicial officer denies bail to a person, requires excessive bond, or fixes unreasonable terms of a recognizance under this article, the person may appeal the decision of the judicial officer.

§ 19.2-120. Admission to bail. Prior to conducting any hearing on the issue of bail, release or detention, the judicial officer shall, to the extent feasible, obtain the person's criminal history.

§ 19.2-121. If the person is admitted to bail, the terms thereof shall be such as, in the judgment of any official granting or reconsidering the same, will be reasonably fixed to ensure the appearance of the accused and to ensure his good behavior pending trial.

Virginia Motion to Release Defendant and Set Reasonable Bail

Description

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How to fill out Motion To Release Defendant And Set Reasonable Bail?

Form popularity

FAQ

How long can you be held without bond in Virginia?

What is VA statute 19.2 123?

What occurs when a defendant is released without bail upon their promise to return to court?

Do all defendants have a guaranteed right to bail?

What is the statute 19.2 124 in Virginia?

What is the statute 19.2 120 in Virginia?

What is the statute 19.2 121 in Virginia?

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Virginia Motion to Release Defendant and Set Reasonable Bail

Description

Related forms

Viewed forms

How to fill out Motion To Release Defendant And Set Reasonable Bail?

Form popularity

FAQ

How long can you be held without bond in Virginia?

What is VA statute 19.2 123?

What occurs when a defendant is released without bail upon their promise to return to court?

Do all defendants have a guaranteed right to bail?

What is the statute 19.2 124 in Virginia?

What is the statute 19.2 120 in Virginia?

What is the statute 19.2 121 in Virginia?

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