Understanding Bond Requirements in Virginia: Balancing Liberty and Public Safety
The question of whether an individual accused of a crime should be released on bond is an important part of the criminal justice system. In Virginia, this decision is governed primarily by Virginia Code § 19.2-120, which outlines the factors a court must consider when setting bond. This post examines the specifics of these requirements, the Commonwealth's burden of proof, and the potential conditions of release.
Virginia Code § 19.2-120: The Law Controlling Bond Decisions
When a person is arrested and brought before a magistrate or court, the decision to grant bond involves weighing the individual's right to liberty against the need to ensure their appearance in court and protect the public. Since 2021, there has been a presumption that a defendant will be granted bond, unless the Commonwealth can make a probable cause showing that the person is a flight risk or dangerous. Virginia Code § 19.2-120 lays out the factors that must be considered when determining whether to admit a defendant to bail or release them on their own recognizance.
Key Factors Considered by the Court:
The court must consider several factors, including:
The nature and circumstances of the offense: The severity of the alleged crime plays a significant role.
The weight of the evidence: The strength of the prosecution's case is taken into account.
The financial resources of the accused: The court assesses the defendant's ability to post bail.
The criminal history and living situation of the accused: The defendant's criminal history and community ties are relevant.
The danger of the accused to the community: This is a crucial consideration, particularly in violent offenses.
The accused's history of responding to criminal process: Has the defendant appeared in court as required in the past?
The accused's likelihood of fleeing the jurisdiction: Is there a risk that the defendant will abscond?
Whether the accused poses a danger to himself or herself: In certain cases, the court must consider the defendant's mental health.
The Commonwealth's Burden of Proof: Probable Cause
The Commonwealth bears the burden of demonstrating, by probable cause, that the accused poses a flight risk or a danger to themselves or the community. This means they must present evidence that one or both of these factors exist.
Flight Risk: The Commonwealth might present evidence of the defendant's lack of ties to the community, access to significant financial resources, or a history of failing to appear in court.
Danger to the Community or Self: This could be shown by the nature or seriousness of the charges, or involve evidence of past violent crimes, a history of domestic violence, or mental health concerns.
Secured Bonds and Bond Conditions
If the court determines that bond is appropriate, it may set a secured bond, requiring the defendant to post a specific amount of money or property as collateral.
In addition to financial security, the court may impose various bond conditions, including:
Supervision by pretrial services.
Electronic monitoring.
Restrictions on travel.
No-contact orders with specific individuals., normally witnesses or co-defendants.
Mandatory drug or alcohol testing.
Mental health evaluations and treatment.
Curfews.
The Importance of Legal Counsel
Understanding the intricacies of Virginia's bond laws can be challenging. If you or someone you know is facing criminal charges, it's essential to seek legal counsel from an experienced attorney. Rouleau Law can help navigate the bond process, advocate for reasonable bond conditions, and ensure that your rights are protected. Also, if you need a bond hearing fast and a court appointed attorney is not available, Rouleau Law may be able to represent defendant’s just for bond hearings in certain situations.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with a qualified attorney for advice tailored to your specific situation.
