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Advocating for Your Release

After being arrested, the fundamental question swirling around your head is whether you will be released or remain in jail. There is no definite answer. The outcome of your bail review hearing controls if you are released from jail prior to trial in Virginia.

The importance of a bail review hearing is clear. If you are not successful, your liberty will be constrained and you remain in custody. Being kept in jail pending your trial is problematic for more than one reason. You not only remain away from your family, but you will also have a limited ability to prepare a successful defense to the underlying offense.

We must recommend that you retain the services of an experienced criminal defense attorney to fully understand your bail review hearing. Portner & Shure, P.A. can assist you during an initial bail review hearing and a reconsideration proceeding.

Contact our criminal defense team in Alexandria online or by phone at (855) 954-4141.

Bail Determination Checklist

Virginia has laws regulating bail. These laws are typically implemented by utilizing a standard checklist for bail determinations.

The factors that determine if bail is set in Virginia include:

  • Circumstances of the offense
  • Weight of the evidence
  • Length of Time in Community
  • Character of the accused (physical and mental condition)
  • Place of Employment
  • Family ties
  • Involvement in Education
  • Financial Resources
  • Pending Charges
  • Prior Criminal Record (currently on probation/parole)
  • Prior charges of failing to appear

Bail Review in Alexandria

Under Virginia Code §§ 19.2–120(B) or (C), a person is generally presumed to be eligible for bail.

However, exceptions are made in these situations:

  • The judicial officer has reason to believe that the accused will not appear for the trial or a hearing.
  • If released, the accused constitutes an unreasonable danger to himself or the public.
  • The accused has been charged with an act of violence, particular firearm crimes, or sex crimes (including underage relations).
  • The accused is determined to be an illegal alien.
  • The accused has been charged with previous violations, or a combination of the following offenses, three times on different dates in the last five years: DUI manslaughter, DUI maiming, DUI, and driving a commercial vehicle while intoxicated.

Given the nuances of bail decisions in Virginia, you should discuss your situation with an experienced criminal defense attorney in Alexandria. A skilled attorney from Portner & Shure, P.A. can work with you to present your story in the best possible light. Our responsibility is to persuade the court that our client is not a risk to the community, will appear when summoned, and, thus, deserves to be released on bail.

Types of Bail Available in Alexandria

Generally, there are three possible types of bail in Virginia: recognizance, unsecured bond, and secured bond.

Upon a party’s motion, a court in Virginia can change the amount of bond or security and set other terms of bail that are appropriate to the facts of the case (such as drug or alcohol monitoring). [Virginia Code § 19.2-130(a).] An experienced criminal defense attorney is particularly helpful if you find yourself considering a motion to change the bond set in Virginia.

The Importance of Hiring Portner & Shure, P.A.

The award-winning attorneys at Portner & Shure, P.A. have successfully represented clients in bail review hearings, and related criminal matters, for more than 30 years. We understand the intricacies of the justice system in Virginia and work side-by-side with our clients to present their circumstances in the best possible light. We oftentimes focus on our client’s close family relationships, employment history, and good reputation in the community. We proudly represent clients in bail review hearings in Alexandria and throughout Virginia.

Call us today for a free and confidential initial consultation at (855) 954-4141 or contact us online.


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