A phone call from jail is one of the hardest calls a family can get. This guide explains how bail works in Virginia, what happens in Fairfax, Arlington, Alexandria, Loudoun and Prince William, and what you can do right now. If you need help tonight, call (571) 554-5977. Calls are answered 24/7.
The first step: the magistrate
After an arrest on a warrant, the officer must bring the person before a judicial officer, usually a magistrate, without unnecessary delay. The magistrate holds a bail hearing immediately and either releases the person on bail or commits him to jail (Va. Code § 19.2-80).
Is there a right to bail in Virginia?
The law starts from release. A person held in custody “shall be admitted to bail” unless there is probable cause to believe that (1) he will not appear for trial, or (2) his liberty would be an unreasonable danger to himself, family or household members, or the public (Va. Code § 19.2-120(B)).
What the magistrate or judge considers
The judicial officer must consider all relevant information, including (Va. Code § 19.2-120(C)):
- the nature and circumstances of the offense, and whether a firearm is alleged;
- the weight of the evidence;
- family ties, employment, education, and any medical, mental-health or substance-abuse treatment;
- length of residence and other ties to the community;
- prior convictions, and any history of missing court or flight;
- whether the person is likely to obstruct justice or threaten a witness, juror, victim or family member;
- whether the person is on probation or parole, or out on bond in another case.
When setting the terms of bail, the court also considers the person’s financial resources and ability to pay (Va. Code § 19.2-121(A)).
Types of release
Virginia allows several forms of release, alone or combined (Va. Code § 19.2-123(A)):
- Recognizance: release on a promise to appear, with no money paid.
- Unsecured bond: an amount is set, but it is owed only if the person fails to appear.
- Secured bond: satisfied with cash, or with solvent sureties, including real estate or personal property whose equity covers the bond.
- Supervision: release to a pretrial services agency or a designated person.
Common conditions of release
The court can add conditions such as (Va. Code § 19.2-123(A)): no contact with the alleged victim or witnesses; travel, residence or association limits; a curfew; no firearms; no excessive alcohol or illegal drugs, with testing; keeping a job or staying in school; home electronic incarceration or GPS monitoring (with a secured bond). Violating a condition can lead to arrest and loss of the bond.
Working with a bail bondsman
If the bond is secured and the family can’t post the full amount, a licensed bail bondsman can post it for a fee (premium). The fee is generally not returned, even if the case is dismissed. Larger bonds may require collateral. Bondsmen are licensed and regulated in Virginia, and can be disciplined for dishonest or coercive conduct (Va. Code § 9.1-185.8). Practical steps:
- Have ready the person’s full name, date of birth, the jail, and the bond amount.
- Call a licensed bondsman; expect an application, ID, and payment.
- After the bond is posted, release usually follows once the jail processes it.
- Make sure the person knows every court date. Missing court can lead to a new charge, a warrant and loss of the bond.
If bail is denied or set too high
The person can appeal. A magistrate’s decision on a warrant is appealed first to the district court where the case is pending; a judge’s bail decision can be appealed to the next higher court (Va. Code § 19.2-124(A)). A lawyer can bring what the magistrate didn’t have: proof of a job, a place to live, family support, a supervision plan.
Bail is not the case
Getting out of jail does not resolve the charge. The criminal case moves forward at the same time, and early decisions matter. The Law Office of Kimberly Stover, PLLC handles bail appeals and the underlying case in Fairfax, Arlington, Alexandria, Loudoun and Prince William. If there is a warrant out, see how to turn yourself in safely. For costs, see our Fees page.
Frequently asked questions
What’s the difference between bail and bond?
Bail is the release decision and its terms; the bond is how it is satisfied: recognizance, unsecured bond, or secured bond (Va. Code § 19.2-123).
Can bail be denied?
Yes, when there is probable cause to believe the person won’t appear or would be an unreasonable danger (Va. Code § 19.2-120).
Can we appeal a no-bond decision?
Yes (Va. Code § 19.2-124).
Is the bondsman’s fee refundable?
Generally, no.
Does the court consider whether we can afford the bond?
Yes; ability to pay is a listed factor (Va. Code § 19.2-121).
This article is general information about Virginia law, not legal advice. Every case depends on its own facts.
