Bail

Question 1

What constitutional principle guides bail decisions?

Answer 1

The 8th Amendment: “Excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Question 2

What are the two primary goals of setting bail conditions?

Answer 2

1. Ensure the defendant’s appearance for court proceedings.
2. Ensure good behavior (prevent danger to self, family, or the public).

Question 3

Who has statewide authority to conduct bail hearings in Virginia, and why is this important?

Answer 3

Magistrates have statewide authority. This is important because a person might be arrested in one jurisdiction for a crime allegedly committed in another.

Question 4

Generally, when must a person be admitted to bail?

Answer 4

A person shall be admitted to bail unless there is probable cause (PC) to believe they are either a flight risk or pose an unreasonable danger.

Question 5

Can the nature of the criminal charge itself be considered in the bail decision?

Answer 5

Yes, the charge itself can be considered, especially with acts of violence (requiring extreme caution).

Question 6

Can a defendant’s financial situation be considered when deciding whether to grant bail (admit to bail)?

Answer 6

No. Finances cannot be considered for the initial decision of whether to release someone on bail. (Note: Finances are considered when setting the amount of a monetary bond).

Question 7

Define “Bail.”

Answer 7

The pretrial release of a person from custody upon specific terms and conditions (which may include more than just money).

Question 8

Define “Bond.”

Answer 8

The posting by a person or a surety of a written promise to pay a certain amount of money if the conditions of bail are violated.

Question 9

What are the requirements for conducting a bail hearing via video?

Answer 9

Must allow simultaneous seeing and speaking (live, real-time), use a secure connection. Can be used even if the defendant is in a hospital.

Question 10

What is a “Recognizance”?

Answer 10

A written promise to appear in court, issued every time someone is released on bail. It can be issued instead of a monetary bond and includes conditions (except for Class 3/4 misdemeanors, where it’s mainly the court date).

Question 11

What is a “Summons”? Is it typically used during a bail hearing for an arrested person?

Answer 11

A request for appearance in court (like a traffic ticket). It’s generally not good practice to issue a summons during a bail hearing if the person has already been arrested and brought before the magistrate.

Question 12

What rights does the defendant (D) have during a bail hearing regarding presence and speaking?

Answer 12

The defendant has the right to be present (unless disruptive) and the right to speak.

Question 13

What administrative steps should a magistrate take at the start of a bail hearing?

Answer 13

Introduce themselves and the purpose of the hearing; administer an oath or affirmation to those providing information

Question 15

How should criminal history be handled during a bail hearing?

Answer 15

Consider it “to the extent possible.” Note if it’s unavailable. Mark up the physical record as needed during the hearing. Shred it immediately afterward (or return to State Police if requested). Do not keep copies.

Question 15

Is the use of a bail worksheet mandatory? What is the exception?

Answer 15

es, the bail worksheet must be used for bail hearings, except for cases of public intoxication only. Use it even if a judge has already indicated a bail decision.

Question 16

What must a magistrate do if bail is denied for a violent felony?

Answer 16

Send the paperwork/decision to the Commonwealth’s Attorney (CA) within 24 hours.

Question 17

What must a magistrate do if bail is granted for a violent felony?

Answer 17

Contemporaneously notify the CA where the crime was committed and send a copy of the bail determination worksheet.

Question 18

What type of information should NOT be included on the bail worksheet?

Answer 18

TDO/ECO (Temporary Detention Order / Emergency Custody Order) information, or Confidential Informant (CI) information

Question 19

Can the Commonwealth’s Attorney (CA) or defense counsel attend and speak at a bail hearing?

Answer 19

Yes, anyone can be present (including CA/defense), and they can speak, but the hearing cannot be delayed for them. The magistrate should ask the CA/officer if they have anything to add.

Question 20

Can the magistrate question the defendant (D) during the hearing? Can they question the Law Enforcement Officer (LEO)?

Answer 20

Avoid asking the defendant questions (especially about the offense). Can ask the LEO anything.

Question 21

Can bail be imposed (requiring conditions or bond) for non-jailable offenses?

Answer 21

No. Bail is an alternative to jail, so it doesn’t apply if jail isn’t a possible punishment for the offense

Question 22

What are the two primary reasons (Probable Cause findings) to deny bail?

Answer 22

1. The person will not appear for trial (Flight Risk).
2. The person would be an unreasonable danger to self, family, or the public (Danger).

Question 23

Does the legal “presumption of innocence” apply during pretrial bail proceedings?

Answer 23

No.

Question 24

Can setting a high monetary bond mitigate the risk of danger posed by a defendant?

Answer 24

No. Money never mitigates danger.

Question 25

Can bail be considered "excessive" simply because the amount is beyond the defendant's financial ability to pay?

Answer 25

No.

Question 26

For what types of offenses can a person potentially be held without bail?

Answer 26

For ANY jailable offense

Question 27

When must a magistrate hold a bail hearing?

Answer 27

When a person is brought before them on a Felony charge or a Class 1 or Class 2 Misdemeanor charge.

Question 28

List situations where a magistrate should not hold a bail hearing

Answer 28

Non-jailable offense (even public intox, though they can be held until sober); Summons was issued instead of arrest; Arrest is solely on a probation/parole violation warrant; Governor's warrant; Juvenile case (unless charged as adult/over 18).

Question 29

Do Miranda warnings apply during bail hearings?

Answer 29

Generally no, unless the magistrate asks questions "likely to elicit incriminating responses about the offense" itself. A light warning may be needed if asking such questions (e.g., about the record).

Question 30

List the statutory factors magistrates MUST consider when determining bail.

Answer 30

Nature/circumstances of offense (incl. firearm use); Weight of evidence; Criminal record (FTAs, pending charges, patterns, dates); Likelihood to obstruct/threaten; Financial resources (ability to post bond); History/character (family, job, education, health, residency, community ties); Risk of injury/intimidation to others; How arrest occurred; Other relevant info. (No specific weight assigned).

Question 31

List specific factors to consider in domestic violence cases

Answer 31

Deadly weapon use; Relationship ended; Increased frequency/severity of violence; Public violence; Threats to kill/harm (victim, children, family); Control/stalking/jealousy; Sexual abuse; Injury/killing pets; Suicide attempts; Hostage taking.

Question 32

Is the amount of time a defendant has already been incarcerated relevant to the bail decision?

Answer 32

No.

Question 33

Which specific "crimes of violence" require contemporaneous notification to the CA if bail is granted?

Answer 33

Murder/manslaughter, mob violence, kidnapping/abduction, assault/malicious wounding, robbery/carjacking, sexual assault, arson, assault & battery, or conspiracy to commit these.

Question 34

When must a magistrate set a SECURE bond

Answer 34

If: 1) The defendant has a current felony charge AND a prior felony conviction; OR 2) The defendant is presently on bond for an unrelated arrest (not just recognizance); OR 3) The defendant is currently on probation or parole for any offense. (Consult CA to use unsecured instead).

Question 35

What are the three ways a secure bond can be satisfied (posted)?

Answer 35

1. Cash (paid in full). 2. Property (pledged by a surety, not the defendant). 3. Licensed Surety Bail Bondsman (using insurance powers).

Question 36

For a property bond, who pledges the property? What is needed?

Answer 36

Only a surety (compensated or uncompensated), not the defendant. Need proof of ownership/value (deed, tax assessment, KBB, etc.). If property is jointly owned, all owners must typically consent/sign.

Question 37

What is an "uncompensated surety"?

Answer 37

A person (not a licensed bondsman) who pledges their own cash or property to guarantee the defendant's appearance, affirming they have sufficient assets.

Question 37

What must a magistrate check regarding a Surety Bail Bondsman's "powers certificate"?

Answer 37

Ensure the amount covers the bond and the certificate is not expired. Only one power per bond.

Question 38

What is the magistrate's role regarding interactions between defendants and bondsmen?

Answer 38

Remain neutral. Do not recommend specific bondsmen, discuss fees, display their materials, etc.

Question 39

Who usually decides how a secure bond will be paid (cash, property, bondsman)?

Answer 39

The defendant, unless a judge has ordered a specific method (e.g., "cash only").

Question 40

What is an "unsecured bond"? Why might it be preferred over recognizance after an arrest?

Answer 40

A promise to pay a set amount if the defendant fails to appear or violates conditions (no money upfront). Often preferred over simple recognizance after arrest because it adds more perceived weight/seriousness, even though the money is rarely collected upon violation. Set amount high enough to incentivize appearance.

Question 41

If a capias (arrest warrant) specifies a bail amount, must the magistrate follow it?

Answer 41

Generally yes, *unless* new circumstances presented at the hearing require more *strict* terms (e.g., new evidence of flight risk).

Question 42

What are the automatic terms/conditions included in every bail release?

Answer 42

Written promise to appear; Remain of good behavior; Remain in Virginia (unless modified by the magistrate).

Question 43

List several optional terms/conditions a magistrate can add to bail.

Answer 43

Monetary bond; Travel restrictions; No contact orders; Reside at specific place; Maintain job/school; No firearms; Abstain from alcohol/drugs (specify cannabis if needed); Curfew; Pretrial supervision; GPS/Home arrest; Return to custody after specified hours; Fingerprint/photo required before release.

Question 44

Monetary bond; Travel restrictions; No contact orders; Reside at specific place; Maintain job/school; No firearms; Abstain from alcohol/drugs (specify cannabis if needed); Curfew; Pretrial supervision; GPS/Home arrest; Return to custody after specified hours; Fingerprint/photo required before release.

Answer 44

Pretrial supervision, GPS monitoring/home arrest (ensure local provider exists, consider defendant's ability to pay/comply).

Question 45

Can a magistrate order a defendant into rehab or mandate mental health evaluations (ECO/TDO) as a condition of bail?

Answer 45

No.

Question 46

When does a magistrate issue a Commitment Order?

Answer 46

When the defendant is held without bail; When a secure bond is set but not immediately posted; When release on unsecured bond or recognizance is delayed (e.g., due to intoxication).

Question 47

If a defendant is committed (held), what court date is set?

Answer 47

First appearance/advisement set for the next day the appropriate court (GDC or JDRC) is in session.

Question 48

: What are the key considerations for bail in extradition cases (defendant wanted in another state)?

Answer 48

Bail is rarely granted. NOT eligible if offense punishable by life or if Governor's Warrant issued. No straight recognizance. Strongly consider holding without bail, especially if requested by the other state. Interstate compact rules may apply but are complex.

Question 49

What is a "Surety's Capias" or "Bailpiece Release"? Who can request it?

Answer 49

A warrant requested by any surety (compensated or uncompensated) to have the defendant re-arrested because the surety wants to be released from liability. The magistrate shall issue it upon request after verifying the surety's status (under oath) and hearing their reason (magistrate doesn't evaluate the reason).

Question 50

What must a licensed bondsman do when requesting a surety's capias?

Answer 50

Deposit $50 or 10% of the bond (whichever is greater), unless the defendant has already Failed To Appear (FTA).

Question 51

If a defendant is arrested on a surety's capias, do they get another bail hearing? What bail is usually set?

Answer 51

Yes, they are entitled to a new bail hearing. Bail is usually set under the prior terms/amount unless new information justifies stricter conditions (never less).

Question 52

What should the magistrate do just before concluding the bail hearing?

Answer 52

Give the defendant a final opportunity to speak ("Anything else you'd like me to consider?"). Remind them the decision is appealable.

Question 53

How are releases handled for non-jailable offenses like public intoxication?

Answer 53

Cannot be held, except for public intoxication. For PI, hold until danger passes (sober) OR release to a responsible third party (magistrate's discretion). No bail hearing, no conditions, recognizance only.

Question 54

What happens if a person is arrested solely on a Parole Violation warrant?

Answer 54

Straight to jail via capias and recommitment order. NO bail hearing conducted by the magistrate.

Question 55

Can a magistrate reconsider their own or another magistrate's prior bail decision? When?

Answer 55

Yes, if new facts are presented that warrant a new hearing. A full new hearing is conducted. Cannot reconsider if a judge has already ruled on bail.

Question 56

What can be issued if a defendant violates bail conditions?

Answer 56

A capias (for arrest) or a show cause summons (to appear in court) can be issued to address the violation. A revocation hearing follows later in court. Can be requested by LEO or citizen.

Question 57

How are bail hearings handled for failure to pay child support cases?

Answer 57

Conduct a normal bail hearing using standard factors. A higher bond might be justified if there's a history suggesting failure to comply and appear.

Question 58

What should a magistrate do if a defendant becomes disruptive during the bail hearing? (Based on D's right to be present section)

Answer 58

The defendant has a right to be present unless they are disruptive. If disruptive (potentially including sovereign citizen tactics), the magistrate may need to temporarily remove or hold the defendant until they are ready to proceed appropriately.

Question 59

Can the defendant use their own property to secure a property bond?

Answer 59

No. For a property bond, the property pledged must belong to the surety (compensated or uncompensated), not the defendant.

Question 60

What is the procedure if someone is arrested solely on a probation violation warrant/capias?

Answer 60

Generally, a bail hearing is not held by the magistrate (similar to parole violations). The text notes this area wasn't tested for its specific audience, but the standard procedure listed under "Don't hold bail hearing if:" includes probation/parole violations.

Question 61

When releasing someone arrested only for public intoxication to a third party, what is the magistrate's responsibility?

Answer 61

It is the magistrate's decision whether the third party is suitable ("a good person") and whether releasing the intoxicated individual to them is appropriate, or if they should continue to be held until sober. It's a case-by-case judgment call.

Question 62

If a defendant qualifies for a secure bond under the mandatory conditions, can the magistrate ever set an unsecured bond instead?

Answer 62

Yes, but only after consulting with the Commonwealth's Attorney (CA).