Code of Virginia - Title 19.2 Criminal Procedure - Chapter 9 Bail And Recognizances

  • 19.2-119 Definitions
    As used in this chapter: "Bail" means the pretrial release of a person from custody upon those terms and conditions specified by order of an ...
  • 19.2-120 Admission to bail
    Prior to conducting any hearing on the issue of bail, release or detention, the judicial officer shall, to the extent feasible, obtain the person's criminal ...
  • 19.2-120.1 Presumption of no bail for illegal aliens charged with certain crimes.
    A. In addition to the presumption against the admission to bail under subsection B of § 19.2-120, the judicial officer shall presume, subject to rebuttal, ...
  • 19.2-121 Fixing terms of bail
    If the person is admitted to bail, the terms thereof shall be such as, in the judgment of any official granting or reconsidering the same, ...
  • 19.2-122 Description unavailable
    Repealed by Acts 1986, c. 327. ...
  • 19.2-123 Release of accused on secured or unsecured bond or promise to appear; conditions of releas...
    A. Any person arrested for a felony who has previously been convicted of a felony, or who is presently on bond for an unrelated arrest ...
  • 19.2-124 Appeal from order denying bail or fixing terms of bond or recognizance
    A. If a judicial officer denies bail to a person, requires excessive bond, or fixes unreasonable terms of a recognizance under this article, the person ...
  • 19.2-125 Release pending appeal from conviction in court not of record
    A person who has been convicted of an offense in a district court and who has noted an appeal shall be given credit for any ...
  • 19.2-126 Description unavailable
    Repealed by Acts 1999, cc. 829 and 846. ...
  • 19.2-127 Conditions of release of material witness
    If it appears by affidavit that the testimony of a person is material in any criminal proceeding, and it reasonably appears that it will be ...
  • 19.2-128 Penalties for failure to appear
    A. Whoever, having been released pursuant to this chapter or § 19.2-319 or on a summons pursuant to § 19.2-73 or § 19.2-74, willfully fails ...
  • 19.2-129 Power of court to punish for contempt
    Nothing in this chapter shall interfere with or prevent the exercise by any court of the Commonwealth of its power to punish for contempt, except ...
  • 19.2-130 Bail in subsequent proceeding arising out of initial arrest
    Any person admitted to bail by a judge or clerk of a district court or by a magistrate shall not be required to be admitted ...
  • 19.2-131 Bail for person held in jurisdiction other than that of trial
    In any case in which a person charged with a misdemeanor or felony, or a juvenile taken into custody pursuant to § 16.1-246 is held ...
  • 19.2-132 Motion to increase amount of bond fixed by magistrate or clerk; when bond may be increase...
    A. Although a person has been admitted to bail, if the amount of any bond is subsequently deemed insufficient, or the security taken inadequate, or ...
  • 19.2-132.1 , 19.2-133
    Repealed by Acts 1991, c. 581. ...
  • 19.2-134 When bail piece to be delivered to accused; form of bail piece
    In all cases in which recognizances, at the suit of the Commonwealth, may have been, or shall hereafter be entered into, it shall be the ...
  • 19.2-135 Commitment for trial; recognizance; notice to attorney for Commonwealth; remand on violation of con...
    When a judicial officer considers that there is sufficient cause for charging the accused or juvenile taken into custody pursuant to § 16.1-246 with a ...
  • 19.2-136 How bonds in recognizances payable; penalty
    Bonds in recognizances in criminal or juvenile cases, where the violation is committed against the Commonwealth or where the Commonwealth is a party, shall be ...
  • 19.2-137 Order of court on recognizance
    When such recognizance is taken by a court of a person to answer a charge or of a witness to give evidence it shall be ...
  • 19.2-138 through 19.2-140
    Repealed by Acts 1987, c. 670. ...
  • 19.2-141 How recognizance taken for incapacitated or insane person or one under disability
    A recognizance which would be taken of a person but for his being a minor, insane or otherwise mentally incapacitated, may be taken of another ...
  • 19.2-142 Where recognizance taken out of court to be sent
    A person taking a recognizance out of court shall forthwith transmit it to the clerk of the court for appearance before which it is taken; ...
  • 19.2-143 Where default recorded; process on recognizance; forfeiture on recognizance; when copy may be used...
    When a person, under recognizance in a case, either as party or witness, fails to perform the condition of appearance thereof, if it is to ...
  • 19.2-144 Forfeiture of recognizance while in military or naval service
    If in any motion, action, suit or other proceeding made or taken in any court of this Commonwealth on a forfeited bail bond or forfeited ...
  • 19.2-145 How penalty remitted
    When in an action or on a motion to extend the period for enforcement of a judgment on a recognizance the penalty is adjudged to ...
  • 19.2-146 Defects in form of recognizance not to defeat action or judgment
    No action or judgment on a recognizance shall be defeated or arrested by reason of any defect in the form of the recognizance, if it ...
  • 19.2-147 Docketing judgment on forfeited recognizance or bond
    Whenever a judgment is entered in any court of record in favor of the Commonwealth of Virginia upon a forfeited recognizance or bond, the clerk ...
  • 19.2-148 Surety discharged on payment of amount, etc., into court
    A surety on a bond in a recognizance may, after default, pay into the court from which the process has issued, or may issue thereon, ...
  • 19.2-149 How surety on a bond in recognizance may surrender principal and be discharged from liabilit...
    A bail bondsman or his licensed bail enforcement agent on a bond in a recognizance may at any time arrest his principal and surrender him ...
  • 19.2-150 Proceeding when surety surrenders principal
    If the surrender is to the court, the court shall make such order as it deems proper; if the surrender is to a sheriff or ...
  • 19.2-151 Satisfaction and discharge of assault and similar charges
    When a person is in jail or under a recognizance to answer a charge of assault and battery or other misdemeanor, or has been indicted ...
  • 19.2-152 Order discharging recognizance or superseding commitment; judgment for costs
    Every order discharging a recognizance shall be filed with the clerk before the session of the court at which the party was to appear. Where ...
  • 19.2-152.1 through 19.2-152.1:7
    Repealed by Acts 2004, c. 460, effective July 1, 2005. ...
  • 19.2-152.2 Purpose; establishment of pretrial services and services agencies
    It is the purpose of this article to provide more effective protection of society by establishing pretrial services agencies that will assist judicial officers in ...
  • 19.2-152.3 Department of Criminal Justice Services to prescribe standards; biennial plan
    The Department of Criminal Justice Services shall prescribe standards for the development, implementation, operation and evaluation of services authorized by this article. The Department of ...
  • 19.2-152.4 Mandated services
    Any city, county or combination thereof which elects or is required to establish a pretrial services agency shall provide all information and services for use ...
  • 19.2-152.4:1 Form of oath of office for local pretrial services officer; authorization to seek capias
    Every pretrial services officer who is an employee of a local pretrial services agency established by any city, county or combination thereof or operated pursuant ...
  • 19.2-152.4:2 Confidentiality of records of and reports on adult persons under investigation by or in the custod...
    A. Any pretrial investigation report prepared by a local pretrial services officer is confidential and is exempt from the Virginia Freedom of Information Act (§ ...
  • 19.2-152.4:3 Duties and responsibilities of local pretrial services officers
    A. Each local pretrial services officer, for the jurisdictions served, shall: 1. Investigate and interview defendants arrested on state and local warrants and who are ...
  • 19.2-152.5 Community criminal justice boards
    Each city, county or combination thereof establishing a pretrial services agency shall also establish a community criminal justice board pursuant to § 9.1-178. (1994, 2nd ...
  • 19.2-152.6 Withdrawal from pretrial services
    Any participating city or county may, at the beginning of any calendar quarter, by ordinance or resolution of its governing authority, notify the Department of ...
  • 19.2-152.7 Funding; failure to comply
    Counties and cities shall be required to establish a pretrial services agency only to the extent funded by the Commonwealth through the general appropriation act. ...

Last modified: April 3, 2009