Bail Bonds: Questions and Answers

For more information, or assistance with bail bonds in Virginia, contact Chances Bail Bonds toll free at

877-787-3380

What is bail?

Bail refers to the cash or bond provided to guarantee the defendant's appearance in court in return for the defendant's release until the court date or dates. By posting bail, bail bondsmen ensure a defendant's constitutional right to remain free from custody pending trial.

 

What are the types of bail bonds?
The main types include:

• A surety bond: A contract with a bail agent for the bail amount. A surety (insurance) company underwrites the bond in exchange for payment of a premium percentage of the bail's full amount. Some form of collateral secures the remaining bond amount.
• A cash bond: The full amount of bail posted by the defendant in cash.
• A federal bond: A bond for cases that deal with federal offenses (like interstate crimes).
• An immigration bond: A bond set for someone held by the U.S. Immigration and Naturalization Service (such as an immigration violation).

What is collateral?

Collateral must cover the amount of bail, as it backs the defendant's promise to show up in court. Some examples of collateral include vehicles, property, jewelry, stocks, bank accounts and certain other assets.

Do I get my money back after the defendant goes to court?

The defendant must make the required court appearance(s) and the case must be decided. Then the collateral gets released and the bond gets exonerated (released from obligation) based on the court appearance and decision. You do not get back the money paid to a bondsman, as this amount is the bondsman's compensation for getting the defendant out of jail before the court appearance(s).

What if the defendant I bail doesn't show up to court?

In this case, the court will issue an arrest warrant, and the co-signer (usually a family member or friend who arranges for bail) will become responsible for the bail's full amount.

In what court will the person I bail have his case heard?

In Virginia, the two main types of courts are general district courts and circuit courts. General district courts handle most traffic violations and cases for misdemeanors, which are less-serious criminal cases punishable by up to a year in jail. Circuit courts hear felony cases, which relate to more serious criminal matters like homicide, robbery and burglary.

 

What to do when someone you know has been arrested?

For more information, you may also contact your local county adult center or magistrate. The easiest way to get information on someone who's recently been arrested or a bond is to contact Chances Bail Bonds at 703 441 6888 or toll free at 877-787-3380 where someone is available to assist you 24 hours a day, 7 days a week.

 

What information will I need?
When inquiring on someone in jail, you will need to know their full name and birthdate.

 

What documents will I need for a bond?
In many cases you may be required to provide proof of identity, residence and income when applying for a bond. Required documents may include:

• Driver’s License or Identification Card
• Social Security Card
• Pay Stub

 

What are the types of bail bonds?
The main types include:

• A personal recognizance bond: A personal recognizance or PR bond is a release from custody based on a promise to appear in court. A defendant pays no money and is released from jail based on their personal responsibility to return. A personal recognizance bond is sometimes coupled with a cash bond.
• A cash bond: A cash bond is a monetary guarantee that a defendant will return to court. The full amount of bail posted by the defendant in cash.
• A corporate surety bond: A surety bond is a contract with a bail agent for the bail amount. A surety (insurance) company underwrites the bond in exchange for payment of a premium percentage of the bail's full amount. Some form of collateral secures the remaining bond amount.
• A federal bond: A federal bond is used for cases that deal with federal offenses (example: interstate crimes).
• An immigration bond: An immigration bond is a bond set for someone held by the U.S. Immigration and Naturalization Service (such as an immigration violation).

 

If I choose to use a bail bonding company, how much of a corporate surety bond should I have to pay?
When a corporate surety bond is required in the Commonwealth of Virginia, the minimum state required premium is to pay is 10%. Therefore, if the courts require a $5,000 bond, your premium for the bond would be $500.

 

Do I get my money back after the defendant goes to court?
The defendant must make the required court appearance(s) and the case must be decided. Collateral is released only after the bond is exonerated (released from obligation) based on court appearance and decision. You do not get back the money paid to a bondsman, as this amount is the bondsman's compensation for getting the defendant out of jail before the court appearance(s).

 

What if the defendant I bail doesn't show up to court?
If the defendant does not appear in court, the court will issue an arrest warrant and the co-signer (usually a family member or friend) who arranged the bail will become responsible for the full bail amount.

 

In what court will the person I bail have his case heard?
The three main types of courts in Virginia where a case may be heard include:

• General District Court: General District Court (GDC) handles most traffic violations and misdemeanor cases. These cases are usually less-serious criminal cases and are punishable by up to a year in jail.
• Circuit Courts: Circuit Court hears felony cases. These cases relate to more serious criminal matters like homicide, robbery and burglary.
• Juvenile and Domestic Relations: Juvenile and Domestic Relations (J&DR) handles cases involving juveniles and family members. These cases include crimes committed against a minor child or household member.

For information bail bonds and terms you may come across during the bail bonding process in Virginia, read through our complete glossary of bail bonding terms.

 

How can I get more information?

For a free consultation, or more details about bail in Virginia, contact Chances Bail Bonds at 877-787-3380.