


| DEFINITIONS: |
| APPEAL: a formal request from the defendant for the sentence in a case to be heard and considered by a higher court. BAIL BOND: a legal and binding financial contract between the bonding agent and the defendant and his indemnitor. The action of which releases the defendant from jail pursuant to his appearing in any and all court proceedings until the charges related to the bond are finalized. COLLATERAL: property or goods used as security against a bail bond until the bond is finalized and can be forfeited if the bond conditions are not met or if the defendant in the case should "skip" or the bond should be forfeited by the court. DEFENDANT: the accused party, person or company required to answer criminal or civil charges in a court of law. EXONERATION: the finalization of court proceedings where the sentence is imposed and the charges are finished in the case. FORFEITURE: the loss of value or collateral when conditions in a contract are violated or revoked, as when the bond is forfeited by the courts pursuant to the defendant not completing his obligations as outlined in the bond. INDEMNITOR: the person accepting full responsibility for the actions of the defendant pursuant to the defendant completing his obligations on the bond, specifically, the defendant making all of his court dates as ordered until the charges related to the bond are finalized by the courts. JURISDICTION: the area over which legal authority extends. The country, state, county or town having authority over the case. MAGISTRATE: the law officer or member of a local judiciary having the power to impose the amount of bond to be placed on the defendant pursuant to his release until trial. He may also decide to hold the defendant without bond if the charge warrants or if he feels the defendant is a great flight risk in the case. He may also issue arrest warrants and other legal documents appointed to him by the court in his jurisdiction. RECOGNIZANCE: the legal document given the defendant upon his release on bond, showing all the particulars related to the charges, court dates, amount and type of the bond and any related instructions that must be adhered to by all parties involved in the bonding. WARRANT: a legal document generally issued by a magistrate or judge that gives particular rights or powers to law enforcement officers. For example: the right to search or arrest. A bondsman may be issued an arrest warrant for a defendant should the defendant violate his bond. The bondsman has a legal right to revoke a bond at any time and arrest the defendant and return him to jail... for any reason that he/she sees applicable in the case. The indemnitor on a bond also has the right to revoke the bond. However, there may be additional costs involved with the bondsman in this event. |
| "METHODS OF RELEASE" Virginia offers 4 basic ways for a defendant to obtain release from custody. "Cash Bond" An indemnitor may post the entire bond in cash. This is however, dependant upon the procedures authorized by the individual jurisdiction and the procedures may vary. "Surety Bondman" A licensed and registered bondsman may post the bail bond at 10% of the bail amount plus any applicable fees involved with his business costs. The 10% surety is set by the state. This type of bondsman is backed partly by his personal assets and partly by the assets of an insurance company and as such may have a larger liability base. "Property Bondsman" A licensed and registered bondsman who backs his bail bonds with his own personal property and as such is limited to the value of his personal assets to cover the bonds he writes. "Personal Property Bond" This procedure must be performed by someone with an "insurable interest" in the defendant. A close friend or family member wishing to obtain the release of the defendant and owning property held in Virginia, which has an "equity value"; real estate or personal such as an automobile; may post his/her property to obtain the release of the defendant. The value of the property must be determined by the magistrate or judge and must equal or exceed the bail amount. PLEASE NOTE: IT IS A FELONY FOR AN UNLICENSED 3RD. PARTY TO OBTAIN RELEASE OF A DEFENDANT FOR A FEE. THERE MUST BE AN "INSURABLE INTEREST" BETWEEN THE DEFENDANT AND THE INDEMNITOR FOR A PERSONAL PROPERTY BOND TO BE APPLIED. BE VERY AWARE THAT IF THE DEFENDANT SHOULD MISS A COURT DATE THE PERSONAL PROPERTY IS SUBJECT TO FORFEITURE TO THE COURT. If you use a bondsman to obtain release, you have a third party involved in the case that can act as a "go between" in the case and working with a bondsman in many instances may be more flexible than working directly with the court system. "Personal Recognizance" (PR) A magistrate may simply "PR" the defendant, releasing him/her on their own recognizance. The defendant still has a bond, however, it is a personal bond and is still enforceable by the courts. |
| Agents with "FREE STATE BAIL BONDS" are licenced and registered with the "COMMONWEALTH OF VIRGINIA" "DEPARTMENT OF CRIMINAL JUSTICE SERVICES" and may be VERIFIED ON THE DCJS WEBSITE: http://www.dcjs.virginia.gov/ps/directory/bailbondsearch.cfm |