People who are facing criminal charges often want to be released from jail while their case is working its way through the criminal justice system. Unless the person is able to receive a release on their own recognizance with only a promise to appear, they’ll likely have to deal with bail.
In Virginia, bail isn’t a punishment or a way to say that a person committed the crime they’re accused of. Instead, it’s a way to ensure the person returns to court for their hearings. Bail is typically set in a monetary amount, and a defendant may have specific conditions to meet if they want to be released from jail.
Factors the court considers
In some cases, there is a set bail schedule that ensures consistent bail for specific charges. If there isn’t a bail schedule, the court will have to consider several factors to determine what the bail should be in the matter. These factors typically include the seriousness of the charges, the person’s criminal history, their ties to the community and whether they pose a flight risk or a danger to others.
Method of posting bail
Bail can be posted by providing the court with money or assets, but not all defendants are able to do that. Instead, some have to rely on the assistance of a bail bondsman to secure their relief. A bondsman is paid a specific percentage, typically 10%, of the bail in order to secure the release.
Some defendants will have a bail hearing to get their bail set. Whether that occurs or not, the defendant should ensure they work with someone familiar with these matters so they can move forward with a defense strategy that’s in their best interests.
