How is Bond Handled in Criminal Cases in Fairfax County?
When a person is first arrested for an alleged criminal case, the police take that person before a magistrate. Amongst other things the magistrate determines what the exact charge against the person will be. The magistrate also sets a bond.
The bond is the amount of money the person will have to pay to be released from jail pending their court date. In determining an appropriate amount of money the magistrate will look at the persons prior criminal record if one exists, and the nature of the charge. The magistrate will be looking to see if the person is a threat to community or a flight risk.
If the arrest is for a relatively minor charge and the person does not have a significant criminal history, the magistrate may allow the person a personal recognizance or PR bond. In that circumstance, no amount of money would have to be paid. The person would simply have to sign a form agreeing to return to court on their scheduled court date.
If the charge is more serious and/or the person has a criminal record the magistrate may require a bond to be paid. This amount is up to the magistrate’s discretion and will vary depending on the facts of the specific case. If a person chooses to pay the bond themselves, the amount will be returned at the conclusion of the case, provided the individual attends all court hearings. Or you can hire a bail bondsman to pay the bond for you. The bondsman takes a fee for this service (usually 10% of the bond). That money is not returned to you.
If the magistrate deems a person to be a flight risk or a danger to the community, they can order a person to be held with no bond. There are certain charges where the law presumes that no bond should be allowed. You are also more likely to be held without bond if you have a history of failing to appear in court or if you were arrested for a charge while you were on bond for another case.
Regardless of the magistrates reasoning, you have a right to have the terms of your bond reviewed by a judge to determine if the terms are fair. A bond motion has to be filed by a lawyer. For ethical reasons, many lawyers will only file a bond motion if they are retained to handle the entire case.
In Fairfax a bond motion can be heard the next day the court is open as long as the motion is filed before 3 pm for cases in General District Court and before Noon for cases heard in Juvenile and Domestic Relations Court. When the bond motion is heard the next day a judge will review your record and the criminal allegation and determine if the bond should be reduced or whether one should be granted if you are being held without bond.
If a loved one is being held in Fairfax County Adult Detention Center without bond or with a bond that is too high, you should contact a lawyer as soon as possible to begin the work on getting them out.
