Virginia Motion to Release Defendant and Set Reasonable Bond

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Multi-State
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US-02735BG
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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 bond 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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FAQ

Three Types of Bail in Virginia Bail is the pre-trial release of an accused person upon certain terms and conditions set by a judge or magistrate. Bond is the actual posting of or promise to pay a certain amount of money determined by a judge or magistrate to ensure that the person complies with the terms of his bail.

If the magistrate orders that a person be held without bond, that person will then be taken to the local jail and held there until their first court appearance. This usually happens within 1-3 days from when they were arrested.

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. You may also make arrangements with a licensed bondsman to post a bond for you.

The judicial officer shall take into account (i) the nature and circumstances of the offense; (ii) whether a firearm is alleged to have been used in the offense; (iii) the weight of the evidence; (iv) the financial resources of the accused or juvenile and his ability to pay bond; (v) the character of the accused or ...

Bail should be set unless there is probable cause to believe one of the following: The defendant will not appear for his trial or other court hearings or at other times that are required by the court. Or, his freedom will constitute an unreasonable danger to himself or the public.

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Virginia Motion to Release Defendant and Set Reasonable Bond