How does bail work in Virginia?

1. Constitutional Framework

Va. Const. art. I, § 9 prohibits excessive bail. Va. Code § 19.2-120 establishes general right to bail with presumption against release for enumerated offenses.

2. Cash, Surety, Property, OR Bonds

Section 19.2-123 permits release on recognizance, unsecured bond, secured cash, surety, or property bonds. SB 1 (2021) eliminated certain rebuttable presumptions against bail.

3. Bail Hearing

Section 19.2-80 requires presentation to magistrate "forthwith" — typically immediately after arrest. Bail review by judge within 3 days under § 19.2-158.

4. Bail Schedules

Magistrates use guidance based on offense and prior record; no statewide schedule.

5. Bail Bond Agent / Bondsman

Licensed by Virginia Department of Criminal Justice Services under Va. Code § 9.1-185; 10-15% premium typical.

6. Conditions

Section 19.2-123(B) authorizes electronic monitoring, drug testing, no-contact, and pretrial supervision.

7. Bail Forfeiture

Section 19.2-143 governs forfeiture; surety has 150 days to surrender defendant.

8. Bail Reduction

Section 19.2-124 allows appeal of bail determination to circuit court.

9. Pretrial Release Programs

Local Community-Based Probation/Pretrial Services Act agencies provide supervision under Va. Code § 9.1-173.

This is legal information, not legal advice.