The Bail Bond Motion Process in Fairfax Virginia

The Bond Motion process in the Fairfax Virginia Court System

Whenever an individual is arrested they are first taken to the local jail where they are booked in and taken in front of a Magistrate or Justice of the Peace where a informal hearing is conducted and bail is set. In Fairfax Virginia this is always conducted by a Virginia Magistrate at the Fairfax County Adult Detention Center.

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Although the 8th amendment gives every American the right to reasonable bail and a Magistrate has the power to set the bail at whatever they feel is appropriate based on the criminal record, as well as the details of the crime, there are cases where they are prohibited from doing so.

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Every Fairfax Virginia Magistrate has been provided with guidelines for setting bail and within these guidelines are limitations based on the seriousness of the crime. These are cases where there is whats called a “presumption against bail” and no matter what the details are in regard to the crime a Magistrate does not have the power to set a bail bond. These bonds must be awarded by a Judge in the Fairfax General District Court who will conduct the hearings in courtroom 2G.

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If an inmate has been held without bail in Fairfax Virginia due to their criminal record, or the nature of the crime, the next step is to help your loved one obtain an attorney. If they are financially unable to retain a private counsel you can contactthe Virginia Indigent Defense Commission at 4103 Chain Bridge Road Fairfax, VA 22030 or call 703-934-5600 to obtain informationabout court appointed counsel for them.

Regardless of obtaining court appointed, or privately retained counsel the next step for the attorney to enter a motion in the Fairfax General District Court for a bond hearing. This is also commonly called a “bond motion”.

A bond motion is a hearing where the defence counsel will be affording the opportunity to argue to the court the reasons why an incarcerated defendant should be granted bail. The prosecution will generally argue that the individual remain incarcerated until the court date. The defence counsel’s goal is to address two major concerns to the court:

1) Risk of flight

2) Danger to the community

Risk of flight would typically be addressed by the defence counsel by establishing an individuals ties to the community including their job, family, or other connections they have that would lead a reasonable person to believe that they would not flee the area to avoid prosecution. Any previous record of failing to appear in court will almost certainly be brought up by the prosecution at this time.

Danger to the community would be dispelled by citing their previous record such as never having been convicted of a violent crime as well as their overall demeanor or other evidence that might persuede the court that their is no reasonable chance this person could be a danger to their community. Often character witnesses are brought in to testify to the defendants past good behavior. The prosecution will be afforded the opportunity to cross examine any witnesses as well as bring any evidence to the contrary.

Pro Bail Bonds San Diego – Pacific Beach
4426 Lamont St, San Diego, CA 92109
(619) 304-8484

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