Bond In Virginia Sex Crime Cases – Bail While In Jail

Bond/Bail In Virginia Sex Crime Cases

When a person is charged with a crime in Virginia, one of the first issues to be addressed is whether that individual will be granted bond or whether he will be held in custody until his trial date. Under Virginia law, whether a person is granted bond is governed by two factors: 1) whether the person will fail to appear for trial or hearing (commonly referred to as “risk of flight”); and 2) whether the person constitutes an unreasonable danger to himself or the public. If a request for bond is denied by the General District Court or Juvenile and Domestic Relations District Court, the matter may be appealed to the Circuit Court within a limited period of time for a new hearing on the issue of bond.

Bond In Virginia Sex Crime Cases

Bond In Virginia Sex Crime Cases

Certain offenses in Virginia carry what is known as a presumption against bond. This means that if a person is charged with an offense listed in Virginia Code §19.2-120(b), the judge shall presume that no condition or combination of conditions will ensure a person’s appearance at court or the safety of the public.

This presumption is subject to rebuttal, but an attorney must carefully craft her argument in these situations. Offenses which carry a presumption against bond include Rape (18.2-61), Forcible Sodomy (18.2-67.1), Object Sexual Penetration (18.2-67.2), Production of Child Pornography in certain circumstances (18.2-374.1), and Solicitation of a Minor in certain circumstances (18.2-374.3).

If you or a loved one have been charged with a sex crime and are being held without bond, it is critically important that you contact an attorney who understands the law that governs admission to bail.

The attorneys at Sris, P.C. regularly represent clients charged with serious criminal offenses and have significant experience arguing for bond. Contact our law firm for help and speak with a lawyer who has experience in this area of the law.

We have client meeting locations in Fairfax, Prince William, Richmond, Loudoun, Virginia Beach, Fredericksburg and Lynchburg. Our approach may include expert testimony regarding our client’s mental state, presenting letters of support from friends and leaders in the community, and testimony of family members who can assist in monitoring our client. We consider the bond hearing to be one of the most important parts of the process in criminal cases and will fight for our client’s admission to bail.

Article contributed by Robert Combs
Sris Law Group


These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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