A bail review hearing will determine if you can leave jail while criminal charges against you are pending. Most people underestimate how important a bail review hearing can be for their overall chances of fighting their charges. Do not make the same mistake. Take action now to make certain you get a fair bail review, or that your loved one in jail does.
If you have a loved one that has an upcoming bail review hearing, you should speak with a Richmond, Virginia bail review attorney from Portner & Shure, P.A. We can work with you and your loved one to build a persuasive case as to why bail should be granted, regardless of the charges.
Contact us by dialing (410) 995-1515 right away!
What is the Initial Appearance?
When a person is arrested for a crime, Virginia law requires that they are brought before a magistrate for an initial hearing. The magistrate determines whether there is probable cause to support the arrest and also makes a determination regarding bail.
The bail review hearing can end with:
- Release on own recognizance: If a person is released on their own recognizance, they do not have to post bail but must sign an agreement stating that they will appear for court. Typically, release on own recognizance is only approved for nonviolent offenders with no serious criminal history.
- Release on unsecured bond: If a person is released on an unsecured bond, they must sign an agreement stating that they will appear for court and that if they fail to appear for court, they will pay money for their failure to appear.
- Release on secured bond: If a person is granted a secured bond, they are released after paying the bond.
- No bond approved: When the magistrate believes you will try to flee the county, state, or country, or if you have been charged with a serious crime, then no bond will be approved.
A magistrate makes a bail determination based on several factors, such as:
- Current criminal charges
- Criminal history
- Community connections
- Employment
- Family reliance
Virginia Bail Law You Should Know
Under Virginia law, it is rebuttable presumed that a person is eligible for bail, meaning they can get bail approved unless a convincing is made to the contrary. Virginia Code § 19.2-120 outlines the exceptions to this presumption. Specifically, a person is not eligible for bail if reasonable doubt exists that they will not appear at trial, or if they pose a danger to themselves or the community. If an individual is charged with a violent crime like certain firearm, drug, or sex offenses, they are not eligible for bail.
Communicative Attorney for Your Bail Review Hearing
The experienced Richmond bail review attorneys at Portner & Shure, P.A. have been successfully representing clients from Virginia’s Chinese (Mandarin and Cantonese), Vietnamese, Korean, and Hispanic communities in bail hearings in Virginia Courts for more than 30 years. Our mission when handling such a case is to persuade a court that our clients are not flight risks and do not pose any danger to the community. We fight diligently to have our clients released so that they can support themselves and their families while their criminal cases are pending. Ultimately, we are not satisfied until we have helped get your life back on track.
