Being arrested and taken into custody is a frightening and disorienting event. Naturally, people want to know if they are going to be able to go home or if they will have to stay in jail. The answer to this question depends on a bail hearing and, often, what attorney you retain to advocate on your behalf.
The outcome of a bail hearing determines whether an individual receives bail or stays in jail. The stakes are high, as a negative outcome at a bail hearing will result in the loss of one’s freedom and may affect an individual’s ability to effectively prepare their defense. Accordingly, it is critical that you reach out to an experienced attorney right away.
Contact Portner & Shure, P.A. online or by phone at to speak to our Vienna bail review lawyers today about your situation.
Bail Hearings: The Initial Appearance
After a person is arrested, they must be brought before a magistrate. The magistrate conducts an initial hearing and also makes a bail determination.
Three types of bail are available under Virginia law:
- Recognizance: If a person is released on their own recognizance, they are released without having to post any payment but must sign an agreement that they will appear for court.
- Unsecured Bond: If a person is released pursuant to an unsecured bond, they must sign an agreement that they will appear for court. If the person fails to appear for court, they agree to pay money for failing to appear in court.
- Secured Bond: If a person is released pursuant to a secured bond, they are released after paying an agreed upon amount of money.
A variety of factors affect a magistrate’s bail decision; these factors might include an individual’s criminal history, the nature of the charges, and the individual’s family and employment status. In addition, the court will inquire as to the defendant’s ties to the community, e.g., do they live in the community, were they raised in the community, and did they attend school in the community? Citizenship status is always an issue.
At Portner & Shure, P.A., our job is to persuade the court that our client is not a flight risk and does not pose a risk to the community and, therefore, should be released on bail to support themselves and their family.
Virginia Bail Law
The Commonwealth of Virginia has laws regulating bail. Generally, a person is presumed to be eligible for bail. However, there are exceptions to this presumption.
These exceptions may include:
- Likelihood of Appearing in Court: If reasonable doubt exists that a defendant will fail to appear for court, they are unlikely to receive bail.
- Danger to the Community: If it is determined that granting an individual bail poses a danger to the community, then they are unlikely to receive bail.
- Certain Criminal Offenses: If an individual is charged with a crime of violence, certain firearm offenses, certain drug offenses, or certain sex offenses, they are prohibited from receiving from bail.
Regardless of your unique circumstances, it is important that you seek the representation of an experienced bail review attorney in Vienna if you or a loved one has been arrested. Portner & Shure, P.A. is ready to listen to your story and work to build a solid case on your behalf.
What Makes Us the Right Choice?
At Portner & Shure, P.A., we have been successfully representing clients in bail hearings, violation of probation cases, and related matters for decades. We have earned a prestigious reputation within the legal community, as evidenced by the numerous awards and accolades we have received. Additionally, we work closely with our clients and their families to build strong cases for granting bail by emphasizing our clients’ ties to the community and their families, as well as their reputations and employment histories.
We proudly represent clients in bail review hearings in Vienna, Fairfax County, and throughout Northern Virginia.
