Fairfax Virginia Motion to Release Defendant and Set Reasonable Bail

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State:
Multi-State
County:
Fairfax
Control #:
US-02728BG
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Word; 
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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 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

Pretrial Services (PTS) provides judicial officers with crucial defendant background information so that they may make more informed release decisions. Supervision is available for qualified individuals awaiting trial.

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. The judge hearing the original case will issue a bench warrant (capias) at the hearing in the person's absence.

The defendant simply signs a written promise to appear in court. For cash bail, a person must post the total amount of the bond, in cash, to the court. If the defendant fulfills all court appearances, the cash will be returned, typically within 60-90 days.

(1) You could be held in jail without possibility of release (without bond). If this happens, it means the magistrate and/or judge(s) in Virginia believed that no condition or combination of conditions would reasonably guarantee your return to court and reasonably protect the public.

If you fail a drug test on pre-trial release, the bond will be revoked and you will go to jail until your case is resolved.

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.

At a bond hearing, the issues are whether the prisoner is a risk of flight or a danger to the community.

Now, the law says that anyone arrested on a charge is required to get a bond unless the judge has probable cause to believe: He will not appear for trial or hearing or at such other time and place as may be directed.

If you post bail, leave the state, and fail to appear in court as scheduled, a Virginia judge can issue a bench warrant for your arrest, and you'll be considered a fugitive from justice. If an arrest warrant is issued, you could be extradited (that is, brought back) to Virginia to face charges.

If you fail to comply with pre-court services, the court revokes bond, and all participating authorities start an immediate search for your apprehension. Once you are re-arrested, the court sets hearing for bail violations, and the prosecutor calls for your detention; which the court consents to.

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Fairfax Virginia Motion to Release Defendant and Set Reasonable Bail