Bond Hearings

When it comes to bond hearings, Attorney Wegman has proven results as an advocate to get you or a loved one out of jail. Two types of bonds exist:  personal recognizance bonds that do not cost any money to post and surety (or secured) bonds that require payment of either the whole amount or 10% of the bond amount if you are using a bondsman.  Call Attorney Wegman now if you anticipate needing a bond hearing or someone you know is locked up and needs a bond.

Bond hearing are governed by Virginia Code Section 19.2-120.

To get a bond the factors included in the statute are considered. Naturally, if a person has a history of failing to appear at court hearings (or what are known as FTA convictions) he or she is unlikely to get a bond.

Virginia Code 19.2-120 states as follows:

A. Prior to conducting any hearing on the issue of bail, release, or detention, the judicial officer shall, to the extent feasible, obtain the person's criminal history.

B. A person who is held in custody pending trial or hearing for an offense, civil or criminal contempt, or otherwise shall be admitted to bail by a judicial officer, unless there is probable cause to believe that:

1. He will not appear for trial or hearing or at such other time and place as may be directed; or

2. His liberty will constitute an unreasonable danger to himself, family or household members as defined in § 16.1-228, or the public.

C. In making a determination under subsection B, the judicial officer shall consider all relevant information, including (i) the nature and circumstances of the offense; (ii) whether a firearm is alleged to have been used in the commission of the offense; (iii) the weight of the evidence; (iv) the history of the accused or juvenile, including his family ties or involvement in employment, education, or medical, mental health, or substance abuse treatment; (v) his length of residence in, or other ties to, the community; (vi) his record of convictions; (vii) his appearance at court proceedings or flight to avoid prosecution or convictions for failure to appear at court proceedings; (viii) 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, victim, or family or household member as defined in § 16.1-228; and (ix) any evidence the person provided indicating that such person (a) is currently pregnant, (b) has recently given birth, or (c) is currently nursing a child.