Understanding Bail Bonds in Virginia

Deep Dive: Virginia Bail Law — Everything You Need to Know

Constitutional Right to Bail in Virginia

The Eighth Amendment to the United States Constitution prohibits excessive bail, and Article I, Section 9 of the Virginia Constitution explicitly guarantees the right to bail. Virginia Code § 19.2-120 establishes a statutory presumption in favor of bail for most offenses. A judicial officer — either a magistrate or a judge — must consider bail for every arrestee unless the offense falls within the narrow exceptions outlined in § 19.2-120.1, which covers certain violent felonies where the accused has a prior conviction for a similar offense.

The bail determination process considers multiple factors under § 19.2-120(B): the nature and circumstances of the offense, the weight of the evidence, the accused's family ties to the community, employment history, financial resources, length of residence, mental condition, prior criminal record, history of appearance at court proceedings, and whether the person poses a danger to themselves or the community. Understanding these factors is crucial — if bail is set too high, you can request a bail hearing and present evidence on these points to argue for a reduction.

Property Bonds — Using Real Estate as Collateral

Virginia Code § 19.2-136 through § 19.2-142 governs the use of real property as bail collateral. A property bond allows a homeowner to pledge their real estate — typically their primary residence — as security for a defendant's appearance in court. The property must have equity equal to or exceeding the bond amount, verified through a current appraisal or tax assessment. The property owner files a deed of trust with the Circuit Court clerk, creating a lien on the property that secures the bond.

Property bonds are advantageous because they require no out-of-pocket cash payment. Unlike surety bonds where the 10-15% premium is non-refundable, the property lien is released when the case concludes and the defendant has complied with all court appearances. However, property bonds carry significant risk — if the defendant fails to appear, the court can order the property forfeited and sold to satisfy the bond amount. Property bonds typically take longer to process than cash or surety bonds because the court must verify ownership, assess equity, and file the deed of trust.

Cash Bonds — Direct Payment to the Court

A cash bond (also called a cash bail or cash deposit) requires the full bond amount to be deposited directly with the court or the jail. Under Virginia law, cash bonds can be posted in currency, cashier's check, or money order. The advantage of a cash bond is that the entire amount is refundable — minus any court costs or fines assessed at sentencing — when the defendant appears at all court dates and the case is resolved. The disadvantage is obvious: posting a $10,000 cash bond requires having $10,000 available immediately, which is beyond the means of most families.

Many Virginia courts accept partial cash bonds, where the court accepts a percentage of the bail amount (typically 10%) as a cash deposit. This is distinct from a surety bond — the deposit goes directly to the court rather than a bondsman, and the deposit is refundable upon case completion. However, not all courts offer partial cash bonds, and the availability depends on the judge's discretion and the court's local rules.

Surety Bonds — Working with a Bail Bondsman

The most common type of bail in Virginia is the surety bond, where a licensed bail bondsman posts the full bond amount with the court in exchange for a non-refundable premium — typically 10% of the bond amount, though some bondsmen charge up to 15%. Virginia bail bondsmen must be licensed by the Virginia Department of Criminal Justice Services (DCJS) under § 9.1-185 and must complete a minimum 16-hour pre-licensing course and pass a written examination. Bondsmen must also maintain a surety bond or letter of credit and carry errors and omissions insurance.

When you use a bail bondsman, you sign a bail bond agreement that makes you (the indemnitor or co-signer) financially responsible if the defendant fails to appear. The bondsman may also require collateral — such as a car title, jewelry, or a lien on property — to secure the bond. If the defendant skips bail, the bondsman has up to 150 days under Virginia Code § 19.2-143 to locate and surrender the defendant to the court before the bond is forfeited. During this period, the bondsman may employ a bail recovery agent (bounty hunter), who must also be separately licensed under DCJS § 9.1-186.

What Happens If Bail Is Revoked

Bail can be revoked in Virginia if the defendant violates conditions of release, commits a new crime while on bail, threatens or intimidates witnesses, or fails to appear at a scheduled court date. Under Virginia Code § 19.2-120.1, the Commonwealth may also move to revoke bail if new evidence emerges showing the defendant poses a danger to the community. A bail revocation hearing is held before a judge, where the defendant has the right to counsel and the opportunity to present evidence. If bail is revoked, the defendant is remanded to custody for the duration of the case — unless a higher court grants an appeal bond.