Questions and Answers About Bail If I satisfy a secure bond with cash, do I have to pay the full amount?Yes. You must pay the full amount of the bond to satisfy a secure bond with cash. The court will refund the money to you following final disposition of the charges, including any appeals, but may order that you forfeit the bond if the person fails to appear for a scheduled court date.How do I satisfy a secure bond with personal property? Personal property includes vehicles; financial interests such as certificates of deposit, retirement accounts or other bank accounts, mutual funds, and stocks or bonds; and other property. Again, you must show that you own the property and that it is worth at least as much as the amount of the bond. For vehicles, you must show the vehicle title to establish ownership. Value is based on the current fair market value of the property, and may be shown by an appraisal, tax assessment, vehicle “blue book” value, current bank statement, or other information. For bank accounts or other financial interests, you must show that the minimum available balance in the account is at least equal to the amount of the bond. Each owner will also be required to sign an Affidavit of Surety. You are not required to surrender your property to a magistrate. How do I satisfy a secure bond with real property? You must show that you own the real property and have equity worth at least the amount of the bond. Property ownership and value may be established with the following documents:The deed to the property or a certified copy of the deed;If there is a deed of trust or other mortgage, a statement from the lender showing that payments are current;A recent appraisal or a current City or County property assessment; andA current tax receipt.If the property is jointly owned by more than one person, each owner must be present to sign an Affidavit of Surety and other papers.How long does a bond remain in effect? The bond remains in effect until final disposition of the charge(s), including any appeals, unless a court releases you. The court may order that you forfeit the bond if the person fails to appear for any court hearing. If you want to be released after you have posted a bond, you must ask the court or a magistrate to issue a capias for the arrest of the person for whom the bond is posted. You normally will not be released from the bond until that person is arrested and returned to custody. The court will refund the full amount of a cash bond to you following final disposition of the charge(s), including any appeals, unless you agree to allow the bond to be applied to fines or costs that may be imposed by the court. How may a secure bond be posted? Under § 19.2-123 of the Code of Virginia, a secure bond may be satisfied by cash, by real property (land), or by personal property. Real or personal property must be worth at least the amount of the bond. You may also make arrangements with a licensed bondsman to post a bond for you. A licensed bondsman will charge a fee for posting a bond. By law, a licensed bondsman must charge not less than 10 percent nor more than 15 percent of the amount of the bond. The Virginia Department of Criminal Justice Services regulates licensed bondsmen.What factors does a magistrate consider when determining bail? By law, a magistrate must consider: (i) the nature and circumstances of the offense; (ii) whether a firearm is alleged to have been used in the offense; (iii) the weight of the evidence; (iv) the financial resources of the accused and his or her ability to pay bond; (v) the character of the accused including family ties, employment or involvement in education; (vi) length of residence in the community; (vii) record of convictions; (viii) appearance at court proceedings or flight to avoid prosecution or failure to appear at court proceedings; (ix) whether the person is likely to obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate a prospective witness, juror, or victim; and (x) any other information available which is considered relevant to whether the accused is unlikely to appear for court proceedings. For certain offenses, a magistrate is required to presume, subject to rebuttal, that no condition of bail will reasonably assure the person’s appearance for trial or protect public safety. Additionally, for certain offenses, a magistrate is required by law to set a secure bond unless the Commonwealth Attorney agrees otherwise.What happens if a magistrate orders a person held without bail or the person is unable to satisfy a secure bond? He or she will remain in custody and appear before a court on the next court day. He or she may appeal the magistrate’s decision to the court.What is an Affidavit of Surety? An Affidavit of Surety is an official form, signed under oath, in which you swear that you are the legal owner of real or personal property and provide information about its value. You may be charged with perjury if you knowingly make a false statement on the Affidavit of Surety. You may complete an Affidavit of Surety on line but it must be signed under oath before a judge, clerk, or magistrate or a notary public.What is an unsecured bond? An unsecured bond involves the person’s promise to appear with the possibility that the court may order the person to forfeit the amount of the bond if he or she fails to appear or violates other conditions of release. However, it is not necessary for a person to pay an unsecured bond prior to release from custody or demonstrate that he or she has the financial ability to pay the bond.What is bail? Following an arrest, a magistrate conducts a hearing to determine if a person will be held in jail or released on bail. Bail is determined on a case-by-case basis.What types of bail may a magistrate set? A magistrate may order a person’s release based solely on the person’s written promise to appear in court for trial or may require the person to execute an unsecured bond or a secure bond. A magistrate may also impose other conditions of release. Additionally, for safety reasons, a person who is intoxicated may be held in custody until his or her condition changes or a responsible person is willing to serve as a custodian. A magistrate may also order a person held without bail. Page Content Contact InformationChief Magistrate(757) 385-8969