Your Virginia Legal Team

Virginia Bail Hearing and Review Lawyer

In the event you are arrested for a criminal offense in Virginia, there are a variety of legal procedures you should be aware of. One of the most important of these is the bail review process, which occurs long before your day in court. Its outcome often makes the difference between being able to prepare for your case effectively and being forced to wait in jail for weeks or even months.

To give yourself the best chances of success, you will likely need to retain representation from a skilled attorney as soon as possible after being arrested, and certainly before appearing for your bail review hearing. An experienced Virginia bail hearing and review lawyer could offer guidance and support every step of the way.

How Bail Works in the State of Virginia

After being booked for a criminal offense, a defendant in Virginia is brought before a magistrate, who oversees an initial hearing for reviewing and setting bail. Every defendant in Virginia has a right to have such a hearing, but failing to retain an attorney as soon as possible after arrest often leaves defendants unrepresented during this review and bail process.

Virginia Code §19.2-120 establishes numerous regulations regarding which people can qualify for bail in Virginia and what factors a court may consider when setting the amount a person charged with a crime must pay for release. While the law establishes a presumption that all defendants are eligible for release following a bail review hearing, the statute specifically prohibits bail under the following circumstances:

  • Reasonable doubt by the court that the defendant will appear for their court date as required if released
  • Reasonable belief by the court that the defendant being released before trial would be dangerous to other people in the community, or to the defendant

There also are some criminal offenses that render an accused party automatically ineligible for bail, including violent felonies, certain drug and firearm offenses, and various sex crimes. A bond review lawyer in Virginia could determine which restrictions may apply in a particular case.

Different Types of Bail Available Following a Review

A magistrate may take a variety of circumstances into account when determining the amount and terms attached to bail for a particular case. Some of these factors include the defendant’s criminal history, physical and mental state, family and employment situation, and the circumstances of their alleged offense. Based on these factors, the magistrate may offer one of three types of bail:

  • Recognizance – release without requiring any payment, but with a signed agreement that the accused party will reappear for their court date
  • Unsecured bond – similar to release on one’s own recognizance, but the signed agreement also stipulates an amount that the accused must pay if they miss their court date
  • Secured bond – release from jail only upon payment of a specified amount, with higher payments required for more severe offenses. A defendant may get this money back if they attend all their trial dates and complete all required procedures.

Reconsideration of a magistrate’s ruling may be possible in certain situations, especially in light of the COVID-19 pandemic. Depending on the circumstances, a bail reconsideration lawyer in Virginia could help someone with either a pending case or a previous denial of bail during a review appeal for reconsideration.

Talk to a Virginia Bail Hearing and Review Attorney Today

Bail hearings in Virginia typically happen as soon as possible after an arrest, so it is important to act quickly to secure legal representation. Without assistance from an experienced bail review law firm, you could find yourself at a significant disadvantage when it comes to negotiating bond terms that allow you to preserve your normal life while also preparing for trial effectively.

A Virginia bail hearing and review lawyer could be your most reliable and vital ally in the immediate aftermath of an arrest. Call today to discuss how our team of bond hearing attorneys could help you.

Contact Us

Do not send us confidential information related to you or your company until you speak with one of our attorneys and get authorization to send that information to us.

Copyright 2020 Virginia Criminal Lawyer. All rights reserved. Disclaimer/Privacy Policy