If the police arrest you for a crime, they will take you to the police station for booking. One of your biggest concerns may be getting out of jail as soon as possible. In Virginia, the law generally presumes that a person accused of a crime should receive pretrial release unless an exception applies. For example, courts generally do not allow bail for certain charges, including murder, rape, kidnapping, and certain drug crimes. In many other cases, however, a court may set a bond and allow you to leave jail shortly after your arrest.
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You're Not Alone After An Arrest In Norfolk
A loved one being held is frightening, and the hours right after an arrest can feel like the longest of your life. You do not have to sort through bail forms, court dates, or bondsman calls by yourself. Our Norfolk criminal defense team is ready to walk beside you and explain exactly what happens next.
Schedule A ConsultationThree Types of Bail in Virginia
Bail and bond may sound like the same thing, but Virginia law treats them differently. Bail refers to the pretrial release of an accused person under specific terms and conditions that a judge or magistrate sets. Bond refers to the money a person pays or promises to pay to ensure compliance with those bail conditions.
Key Takeaways
What Norfolk Defendants Should Know About Virginia Bail And Bond
Every case is different, but a few facts about Virginia bail and bond hold true in almost every situation.
- Virginia law presumes pretrial release except for the most serious charges, such as murder and rape.
- A magistrate decides bail based on the charge, criminal history, and ties to the community.
- Virginia recognizes three bond types: personal recognizance, unsecured bond, and secured bond.
- A secured bond usually requires a 10 to 15 percent fee paid to a licensed bail bondsman.
After the jail books and detains a person, a magistrate will usually hold a hearing to decide whether to grant bail. The magistrate may consider the charges, criminal record, family and community ties, and history of attending court hearings. Virginia recognizes three main types of bonds:
- Personal recognizance. With a personal recognizance bond, the accused person signs a written promise to attend all court hearings. The person does not have to pay any money. Courts typically use personal recognizance bonds for less serious offenses.
- Unsecured bond. An unsecured bond allows a person to leave jail after promising to attend all required court hearings. The person does not pay money upfront. However, the person agrees to pay an amount set by the magistrate if they miss a required hearing.
- Secured bond. A secured bond requires the person to pay money before leaving jail. The court generally returns the money if the person attends all required hearings. When a judge requires a secured bond, the accused person or their family may work with a Virginia bail bondsman for a fee, often between 10% and 15% of the bond amount. For example, if the court sets a $10,000 secured bond and the bondsman charges a 10% fee, the family would pay the bondsman $1,000 to post the bond.
FAQs
Virginia Bail And Bond Questions Norfolk Families Ask Us Most
The bail process moves fast and the terminology can be confusing. Here are straight answers to the questions we hear most from Norfolk families dealing with Virginia bail and bond.
How does bail work in Virginia criminal cases?
Bail is the pretrial release of an accused person under conditions set by a judge or magistrate. Virginia law presumes a defendant should be released pending trial unless the charge is especially serious, such as murder or rape. A magistrate reviews the charge, criminal history, and community ties before setting terms.
What are the three types of bail bonds in Virginia?
Virginia recognizes personal recognizance, unsecured bonds, and secured bonds. Personal recognizance is a signed promise to appear with no payment. An unsecured bond only requires payment if the defendant misses court. A secured bond requires money or property upfront, often arranged through a bail bondsman.
How much does a bail bondsman charge in Virginia?
Bail bondsmen in Virginia typically charge a fee of 10 to 15 percent of the total secured bond amount. That fee is nonrefundable and pays the bondsman for posting the full bond with the court. The exact percentage can vary by bondsman and by the specifics of the case.
Can everyone get bail in Virginia, or are some charges denied bond?
Not automatically. While Virginia law favors pretrial release, a magistrate or judge can deny bail for the most serious offenses, such as murder or rape, or when a defendant is considered a flight risk or danger to the community. An attorney can argue for release even in difficult cases.
How soon after an arrest will a Virginia bail hearing happen?
A magistrate typically reviews bail soon after arrest and booking, before the case ever reaches a courtroom. The magistrate weighs the charge, prior record, and ties to the community to decide whether to release the person and on what terms. Having an attorney involved early can help that conversation.
Get Help With Your Virginia Bail Case
If the police have arrested you and you remain in jail, you should retain an experienced criminal defense attorney as soon as possible. An attorney can help you seek a reasonable bond and begin building your defense.
Call our office today to schedule a consultation.
Visit Us In Norfolk
Talk To A Virginia Bail And Bond Attorney Near You
When bail and bond questions come up, having a Norfolk law office close by makes it easier to get answers fast. Our office sits in the heart of downtown Norfolk, minutes from the courts and easy to reach whether you are calling about a loved one or coming in to talk through your options.
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Tavss Fletcher – Norfolk Office
555 E. Main St, Suite 1400
Norfolk, VA 23510