ARREST & BOOKING
Once you have been arrested in Virginia you will be taken to the local detention center where you will see a Magistrate to determine the bail amount, bail type and the conditions of your bond. There is some cases where the Magistrate will issue a No Bond, this means that you will be held in custody until arraigned by a judge. If you are granted bail by the Magistrate you will go through the jails booking process which is fingerprinting, photograph and recording of your personal information. This process can take anywhere from minutes to hours depending on the facility, once this process is complete you will be placed in a holding cell which will have a telephone for you to call a bail bondsman to get out or to call your friends and family to help you make further arrangements.
POSTING A BAIL BOND IN VIRGINIA
The bail bond system is in place to guarantee your appearance in court. If and when bail is posted for you and your warrant check comes back clear you will be released from custody. When you post bail you will remain free if you meet all of the conditions of your bail until your court case has been resolved. If you fail to meet the conditions that were set by the Judge, Magistrate or bonding company your bond will be revoked and you will be returned to the custody of the jail. A Surety bond in Virginia will cost you 10% of the total bond amount for example of the bail amount was set at $2,500.00 you will have to pay a bail bondsman $250.00 in order to post bail.
UNSECURED BOND & PURGE BOND
The unsecured bond also known as a Personal Recognizance bond is your promise to appear in court without needing a bail bondsman or paying any amount of money to be released, These bonds are usually given to first time offenders or if the defendant is charged with a minor offences, has strong ties to community which is a full time job, property ownership in the area, has lived in the area for a long period of time and has family in the area. if you are released on a personal recognizance bond and fail to appear in court you will be liable to pay the amount of the bond to the court.
The purge bond is a bond where the entire amount of the bond must be paid in order for the inmate to be released from custody before their sentence is completed. Typically, this type of bond is for child support cases. You cannot use a bail bondsman for a purge bond.
IN COURT BOND MOTIONS
For those who are denied a bond by a magistrate will remain in custody throughout the duration of the case, if the charges are in the General District Court or Juvenile & Domestic Relations Court you can file for a bond motion also known as a bond hearing with your attorney, for a list of great bond motion attorneys click here. If you are granted bond by the judge you will be taken back to your cell where you can make the necessary phone calls to your friends, family or Matlock Bail Bonds to post bail for you then you will be released from custody. Unfortunately in some cases you will be denied bond in the General District Court or Juvenile & Domestic Relations Court but these decisions can be appealed to the Circuit Court where you will get another shot at a bond hearing. Matlock Bail Bonds can be at your bond hearing for you, we will get the bond process started as soon as the bail amount is set. Please give us a call at (757)999-4105 for any other information on Virginia bond hearings.
GOING TO COURT IN VIRGINIA
If you have been released from custody on bond, your number one priority should now be getting to court on time, every time. There are several things that you the defendant and you the cosigner for someone else's bond need to remember about court appearances and the consequences of failing to meet them. If the defendant was not present for court when the judge called their name then technically this is a failure to appear in court, the bond will be forfeited and a warrant for the defendants arrest will be issued. You should always arrive at court at least 30 minutes ahead of time and check in with the court bailiff when you get there. If you are going to be late for court you should call down to the clerk's office of the court you are supposed to be in and let them know you will be arriving late. It's better to call ahead and make a late appearance than not show up at all.
If the defendant fails to appear in court at the time they were supposed to a warrant will be issued for that person's arrest. They will be reported as fugitive to the local police department and the bail bond that was posted will be forfeited, if you have a valid reason to have missed court then you can take any supporting documents that you have down to the clerk of the court, they may reschedule your court date for another time.
There is many ways to handle a failure to appear, the best thing that you can do if you missed court is to maintain contact with the bail bonding company. If you cosigned for someone who has failed to appear in court you will be liable for the full bond amount that you originally cosigned for.