What is Bail?

What is Bail? Chapter 9 of the Code of Virginia deals with Bail and Recognizances. The 8th Amendment to the United States Constitution provides no excessive bail. Accordingly, "Bail" means the pretrial release of a person from custody upon those terms and conditions specified by order of an appropriate judicial officer. Also, "Bond" means the posting by a person or his surety of a written promise to pay a specific sum, secured or unsecured, ordered by an appropriate judicial officer as a condition of bail to assure performance of the terms and conditions contained in the recognizance. Consequently, if you been arrested, you should call me I am Criminal Justice system Attorney.

Bail/Bond Hearings:

There are many factors that go into representing someone for a bail or bond hearing. Often, the court will consider:

  1. The Place of Birth.
  2. The ties to the community, including the length of time he or she has lived at the current and former addresses, current contact information, family relationships, immigration status (if applicable), employment record and history, date of birth, and social security number.
  3. The physical and mental health, educational and armed services records.
  4. The immediate medical needs, including chemical dependency treatment.
  5. The past criminal record, if any, including adult criminal convictions and juvenile adjudications and prior record of court appearances or failure to appear in court, counsel should also determine whether the accused has any pending charges, whether they are on probation or parole and past or present performance under supervision.
  6. Current immigration status and immigration history.
  7. The ability of the client to meet any financial conditions of release.
  8. The names of individuals or other sources that counsel can contact to verify the client’s provided information (counsel should consult with the client before contacting these individuals).
  9. Other such information necessary to determine potential exposure under the sentencing guidelines.
  10. Any necessary information waivers or releases that will assist the client’s defense.

Court Hearing:

The factors above must be properly argued to the court in order for the court to consider whether it will allow pretrial release from custody. These factors are not independent, often the court will consider all of them. In sum, they are interdependent, each relating to the other to form an assurance to the court that an accused will return when called and address the accusations against them. Subsequently, where a detained citizen may not have a favorable factor for one argument they may have a good argument regarding another factor.

Presumption in favor of Pretrial Release:

The presumption in Virginia is in favor of pretrial release. The Virginia Legislature repealed Va Code 19.2-120 (B) -Rebuttable Presumption Against Bail. Therefore, there is a presumption in favor of pretrial release. This is because if you find yourself in custody your employment and other life obligations will likely be destroyed. The Government must be required to prove their case before taking from citizens. This is a basic due process right that is afforded every United States Citizen.

There are horror stories of U.S. Citizens being detained by the government for years prior to trial and later being exonerated of the reason for the arrest in the first place. The truth is that any amount of detention is likely to destroy a citizen’s life. This is something that must not be allowed without real proper cause. In reality, an authority figure can easily engage in their own narssasitic maculation without actual cause to arrest a citizen. This is a crime against humanity and does happen more often than those in power would like to admit.

Criminal Justice System Attorney

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm. Available for consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Criminal Defense Attorney and Car Accidents. At my Law Firm we focus on the best result for the client. To stay connected I have a Youtube InstagramFacebookTwitterLinkedInTumblr, BloggerReddit,  YelpAvvo and Justia.

Chris White lawyer, LLC

Cellphone: (434) 660-9701

Available with appointment (434) 660-9701:

700 12th St, Lynchburg, VA 24504

Available with appointment (434) 660-9701:

100 Tradewynd Dr. Lynchburg, VA 24502

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