|a case to be heard and considered by a higher court.
BAIL BOND: a legal and binding financial contract between the
bonding agent and the defendant and his indemnitor. The action
of which releases the defendant from jail pursuant to his
appearing in any and all court proceedings until the charges
related to the bond are finalized.
COLLATERAL: property or goods used as security against a bail
bond until the bond is finalized and can be forfeited if the bond
conditions are not met or if the defendant in the case should
"skip" or the bond should be forfeited by the court.
DEFENDANT: the accused party, person or company required to
answer criminal or civil charges in a court of law.
EXONERATION: the finalization of court proceedings where the
sentence is imposed and the charges are finished in the case.
FORFEITURE: the loss of value or collateral when conditions in a
contract are violated or revoked, as when the bond is forfeited
by the courts pursuant to the defendant not completing his
obligations as outlined in the bond.
INDEMNITOR: the person accepting full responsibility for the
actions of the defendant pursuant to the defendant completing
his obligations on the bond, specifically, the defendant making
all of his court dates as ordered until the charges related to the
bond are finalized by the courts.
JURISDICTION: the area over which legal authority extends. The
country, state, county or town having authority over the case.
MAGISTRATE: the law officer or member of a local judiciary
having the power to impose the amount of bond to be placed on
the defendant pursuant to his release until trial. He may also
decide to hold the defendant without bond if the charge
warrants or if he feels the defendant is a great flight risk in the
case. He may also issue arrest warrants and other legal
documents appointed to him by the court in his jurisdiction.
RECOGNIZANCE: the legal document given the defendant upon his
release on bond, showing all the particulars related to the
charges, court dates, amount and type of the bond and any
related instructions that must be adhered to by all parties
involved in the bonding.
WARRANT: a legal document generally issued by a magistrate or
judge that gives particular rights or powers to law enforcement
officers. For example: the right to search or arrest. A bondsman
may be issued an arrest warrant for a defendant should the
defendant violate his bond. The bondsman has a legal right to
revoke a bond at any time and arrest the defendant and return
him to jail... for any reason that he/she sees applicable in the
case. The indemnitor on a bond also has the right to revoke the
bond. However, there may be additional costs involved with the
bondsman in this event.
|Virginia offers 4 basic ways for a defendant
to obtain release from custody.
An indemnitor may post the entire bond in cash. This is
however, dependant upon the procedures authorized by
the individual jurisdiction and the procedures may vary.
A licensed and registered bondsman may post the bail
bond at 10% of the bail amount plus any applicable fees
involved with his business costs. The 10% surety is set by
the state. This type of bondsman is backed partly by his
personal assets and partly by the assets of an insurance
company and as such may have a larger liability base.
A licensed and registered bondsman who backs his bail
bonds with his own personal property and as such is
limited to the value of his personal assets to cover the
bonds he writes.
"Personal Property Bond"
This procedure must be performed by someone with an
"insurable interest" in the defendant.
A close friend or family member wishing to obtain the
release of the defendant and owning property held in
Virginia, which has an "equity value"; real estate or
personal such as an automobile; may post his/her
property to obtain the release of the defendant. The
value of the property must be determined by the
magistrate or judge and must equal or exceed the
IT IS A FELONY FOR AN UNLICENSED 3RD. PARTY TO OBTAIN RELEASE
OF A DEFENDANT FOR A FEE. THERE MUST BE AN "INSURABLE
INTEREST" BETWEEN THE DEFENDANT AND THE INDEMNITOR FOR A
PERSONAL PROPERTY BOND TO BE APPLIED.
BE VERY AWARE THAT IF THE DEFENDANT SHOULD
MISS A COURT DATE THE PERSONAL PROPERTY IS
SUBJECT TO FORFEITURE TO THE COURT.
If you use a bondsman to obtain release, you have a
third party involved in the case that can act as a "go
between" in the case and working with a bondsman in
many instances may be more flexible than working
directly with the court system.
"Personal Recognizance" (PR)
A magistrate may simply "PR" the defendant, releasing
him/her on their own recognizance. The defendant still
has a bond, however, it is a personal bond and is still
enforceable by the courts.
|Agents with "FREE STATE BAIL BONDS" are licenced and registered
with the "COMMONWEALTH OF VIRGINIA"
"DEPARTMENT OF CRIMINAL JUSTICE SERVICES"
and may be VERIFIED ON THE DCJS WEBSITE: