Bonds, Bond Hearings, & Bondsmen

If you, a friend or a loved one has been arrested and is being held without bond, you might find this information helpful.

Bond Hearings

A bond hearing is a legal proceeding before a judge that involves the presentation of witnesses and evidence. It begins with a written request in the form of a motion that must comply with specific requirements. A prosecutor will represent the Commonwealth of Virginia and present a brief summary of the state’s case at the hearing.

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There are two main issues in a bond hearing: 

• 1. the defendant’s likelihood to appear in court later, and
• 2. the danger to the public.

The prosecutor is entitled to at least 24 hours’ advance notice of any bond hearing, though in unusual cases, they might waive it. The prosecutor will bring an FBI copy of the defendant’s prior criminal convictions to the hearing, but by statute, can’t provide a copy to defense attorneys. Since defense attorneys usually rely on defendant’s memories of their records, defendants need to know that prosecutors might use any conviction a defendant fails to disclose in a bond hearing to argue that the defendant is willfully hiding important information.

Courts usually don’t consider speeding tickets and other minor infractions relevant in bond hearings. However, defendants should expect that prior convictions for criminal offenses in any state, no matter how old are relevant, even if incarceration did not result.

Courts give bond hearings priority for scheduling purposes. But most courts in southwestern Virginia don’t convene every day. In fact, many meet as little as once a week. That means someone arrested late on the day before court convenes might not get a bond hearing sooner than 8 days later, even if they hire an attorney who files the necessary paperwork immediately. Holidays, jury trials, and unexpected illnesses can lengthen that time frame even more. So if you need to arrange a bond hearing as quickly as possible, engage an attorney who can assist you without delay.

Court clerks require 10 days to issue subpoenas to witnesses to compel them to come to court. Normally defendants don’t want to wait that long to have a bond hearing. So if you have witnesses you want at the hearing, it’s important that you’re able to provide immediate contact information, that they’re close enough to get to court, and that they’ll come without being compelled by the court.

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A “PR” bond is the least expensive form of bond. “PR” stands for personal recognizance. For a PR bond, the judge specifies an amount to pay if the defendant fails to show up for court. But the defendant doesn’t have to pay that money up front. Defendants released on their own signature pay only if they fail to appear. That’s a risky bond for a court to set, so only defendants with optimal circumstances get released on their signature alone.

A “secured bond” requires some kind of payment before the defendant is released. It can be any amount the court deems appropriate, or the prosecutor agrees to. A defendant paying a secured bond in full will receive the full amount back at the conclusion of the case.  Bondsman typically charge a fee for their services of 10% of the total cost of the bond. After someone pays that fee, the bondsman guarantees the total bond amount to the court.

A cheaper alternative is for someone to put up a piece of real estate on the defendant’s behalf. If there is value in the real estate that exceeds the cost of the bond, the court will place a lien against it until the case is concluded. One of the benefits of using real estate is that the lien is released in full at the conclusion of the case, so no money is lost.

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Circumstances that can increase the price of a bond:

• • Prior criminal convictions in any state.
• • Lack of a local residence.
• • Severity of the crime charged.
• • Lack of employment.
• • Lack of local ties, such as immediate and extended family.
• • Recent re-location to this area.
• • Recent re-location within the local area.
• • Prior convictions for failure to appear in court.
• • Other outstanding criminal charges.
• • Being currently on probation.
• • Outstanding fines and/or costs owed to court(s).
• • Recent positive drugs screens.
• • Ties to out-of-state family or work obligations.
• • Evidence of frequent travel.
• • Easy or convenient access to means of out-of-state or out-of-country travel.
• • Recent out-of-state travel.

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Circumstances that can decrease the cost of a bond:

• • A local address of residence
• • Local family ties.
• • Long term local residence.
• • Current employment.
• • History of steady employment.
• • Minimal prior criminal convictions.
• • Willingness & ability to comply with bond conditions, such as drug testing, or frequent check-ins with a designated court official.
• • Successful completion of prior probation or other court obligations.
• • Family and/or friends who attend a bond hearing & promise to help you get to court.

 

Bond Hearings

Here’s what to expect if you engage me to conduct a bond hearing. After an initial consultation, I will quote you a figure to represent you only for the purposes of conducting an initial bond hearing in the court where the defendant has been charged. Upon payment of the quoted fee, and signing of the retainer agreement, I will file the necessary papers to request the hearing, schedule it with the court, contact witnesses who should be at the hearing, do any further research necessary to prepare for the hearing. I will personally appear at the hearing, present necessary evidence, question appropriate witnesses, negotiate on your behalf with the prosecutor, and argue your case to the judge.

If the judge sets a bond with terms you cannot meet, I will discuss your legal options with you following the bond hearing. Together we will consider options such as renewing the request later in the same court or appealing to a higher court.  If necessary, we will execute an additional retainer agreement, and I will take additional steps on your behalf as you direct.