{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-120.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-120.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-120.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-120.html"}],"law_id":57923,"edition_id":1,"section_id":57923,"structure_id":14929,"section_number":"19.2-120","catch_line":"Admission to bail","history":"1975, c. 495; 1978, c. 755; 1979, c. 649; 1987, c. 390; 1991, c. 581; 1993, c. 636; 1996, c. 973; 1997, cc. 6, 476; 1999, cc. 829, 846; 2000, c. 797; 2002, cc. 588, 623; 2004, cc. 308, 360, 406, 412, 461, 819, 954, 959; 2005, c. 132; 2006, c. 504; 2007, cc. 134, 386, 745, 923; 2008, c. 596; 2010, c. 862; 2011, cc. 445, 450, 480; 2012, c. 467; 2015, c. 413; 2018, c. 71; 2020, c. 999; 2021, Sp. Sess. I, cc. 337, 344, 345, 523, 540; 2024, c. 243; 2025, c. 717.","full_text":"A\n\nPrior to conducting any hearing on the issue of bail, release, or detention, the judicial officer shall, to the extent feasible, obtain the person’s criminal history.B\n\nA person who is held in custody pending trial or hearing for an offense, civil or criminal contempt, or otherwise shall be admitted to bail by a judicial officer, unless there is probable cause to believe that:1\n\nHe will not appear for trial or hearing or at such other time and place as may be directed; or2\n\nHis liberty will constitute an unreasonable danger to himself, family or household members as defined in § 16.1-228, or the public.C\n\nIn making a determination under subsection B, the judicial officer shall consider all relevant information, including (i) the nature and circumstances of the offense; (ii) whether a firearm is alleged to have been used in the commission of the offense; (iii) the weight of the evidence; (iv) the history of the accused or juvenile, including his family ties or involvement in employment, education, or medical, mental health, or substance abuse treatment; (v) his length of residence in, or other ties to, the community; (vi) his record of convictions; (vii) his appearance at court proceedings or flight to avoid prosecution or convictions for failure to appear at court proceedings; (viii) whether the person is likely to obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness, juror, victim, or family or household member as defined in § 16.1-228; and (ix) any evidence the person provided indicating that such person (a) is currently pregnant, (b) has recently given birth, or (c) is currently nursing a child.D\n\nA judicial officer who admits a person to bail who is charged with an act of violence as defined in § 19.2-297.1 shall notify the attorney for the Commonwealth for the jurisdiction in which such person’s case is filed contemporaneously with such person’s grant of bail or release. Notice to the attorney for the Commonwealth may be made by facsimile or other electronic means.E\n\nThe judicial officer shall inform the person of his right to appeal from the order denying bail or fixing terms of bond or recognizance consistent with § 19.2-124.F\n\nIf the judicial officer sets a secured bond and the person engages the services of a licensed bail bondsman, the magistrate executing recognizance for the accused shall provide the bondsman, upon request, with a copy of the person’s Virginia criminal history record, if readily available, to be used by the bondsman only to determine appropriate reporting requirements to impose upon the accused upon his release. The bondsman shall pay a $15 fee payable to the state treasury to be credited to the Literary Fund, upon requesting the defendant’s Virginia criminal history record issued pursuant to § 19.2-389. The bondsman shall review the record on the premises and promptly return the record to the magistrate after reviewing it.","order_by":null,"text":{"0":{"id":212149,"text":"Prior to conducting any hearing on the issue of bail, release, or detention, the judicial officer shall, to the extent feasible, obtain the person’s criminal history.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":212150,"text":"A person who is held in custody pending trial or hearing for an offense, civil or criminal contempt, or otherwise shall be admitted to bail by a judicial officer, unless there is probable cause to believe that:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":212151,"text":"He will not appear for trial or hearing or at such other time and place as may be directed; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":212152,"text":"His liberty will constitute an unreasonable danger to himself, family or household members as defined in § 16.1-228, or the public.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":212153,"text":"In making a determination under subsection B, the judicial officer shall consider all relevant information, including (i) the nature and circumstances of the offense; (ii) whether a firearm is alleged to have been used in the commission of the offense; (iii) the weight of the evidence; (iv) the history of the accused or juvenile, including his family ties or involvement in employment, education, or medical, mental health, or substance abuse treatment; (v) his length of residence in, or other ties to, the community; (vi) his record of convictions; (vii) his appearance at court proceedings or flight to avoid prosecution or convictions for failure to appear at court proceedings; (viii) whether the person is likely to obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness, juror, victim, or family or household member as defined in § 16.1-228; and (ix) any evidence the person provided indicating that such person (a) is currently pregnant, (b) has recently given birth, or (c) is currently nursing a child.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"5":{"id":212154,"text":"A judicial officer who admits a person to bail who is charged with an act of violence as defined in § 19.2-297.1 shall notify the attorney for the Commonwealth for the jurisdiction in which such person’s case is filed contemporaneously with such person’s grant of bail or release. Notice to the attorney for the Commonwealth may be made by facsimile or other electronic means.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":212155,"text":"The judicial officer shall inform the person of his right to appeal from the order denying bail or fixing terms of bond or recognizance consistent with § 19.2-124.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"7":{"id":212156,"text":"If the judicial officer sets a secured bond and the person engages the services of a licensed bail bondsman, the magistrate executing recognizance for the accused shall provide the bondsman, upon request, with a copy of the person’s Virginia criminal history record, if readily available, to be used by the bondsman only to determine appropriate reporting requirements to impose upon the accused upon his release. The bondsman shall pay a $15 fee payable to the state treasury to be credited to the Literary Fund, upon requesting the defendant’s Virginia criminal history record issued pursuant to § 19.2-389. The bondsman shall review the record on the premises and promptly return the record to the magistrate after reviewing it.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14929,"edition_id":1,"name":"Bail","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12917,"metadata":{},"date_created":"2026-06-26 03:50:51","date_modified":"2026-06-26 03:50:51","permalink":{"id":171211,"object_type":"structure","relational_id":14929,"identifier":"1","token":"19.2\/9\/1","url":"\/19.2\/9\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12917,"edition_id":1,"name":"Bail and Recognizances","identifier":"9","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":171209,"object_type":"structure","relational_id":12917,"identifier":"9","token":"19.2\/9","url":"\/19.2\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61367,"structure_id":14929,"section_number":"19.2-119","catch_line":"Definitions","url":"\/19.2-119\/","token":"19.2\/9\/1\/19.2-119","metadata":false},{"id":57923,"structure_id":14929,"section_number":"19.2-120","catch_line":"Admission to bail","url":"\/19.2-120\/","token":"19.2\/9\/1\/19.2-120","metadata":false},{"id":63951,"structure_id":14929,"section_number":"19.2-120.1","catch_line":"Repealed","url":"\/19.2-120.1\/","token":"19.2\/9\/1\/19.2-120.1","metadata":false},{"id":76391,"structure_id":14929,"section_number":"19.2-121","catch_line":"Fixing terms of bail","url":"\/19.2-121\/","token":"19.2\/9\/1\/19.2-121","metadata":false},{"id":85628,"structure_id":14929,"section_number":"19.2-122","catch_line":"Repealed","url":"\/19.2-122\/","token":"19.2\/9\/1\/19.2-122","metadata":false},{"id":58592,"structure_id":14929,"section_number":"19.2-123","catch_line":"Release of accused on secured or unsecured bond or promise to appear; conditions of release","url":"\/19.2-123\/","token":"19.2\/9\/1\/19.2-123","metadata":false},{"id":65958,"structure_id":14929,"section_number":"19.2-124","catch_line":"Appeal from bail, bond, or recognizance order","url":"\/19.2-124\/","token":"19.2\/9\/1\/19.2-124","metadata":false},{"id":87460,"structure_id":14929,"section_number":"19.2-125","catch_line":"Release pending appeal from conviction in court not of record","url":"\/19.2-125\/","token":"19.2\/9\/1\/19.2-125","metadata":false},{"id":67934,"structure_id":14929,"section_number":"19.2-126","catch_line":"Repealed","url":"\/19.2-126\/","token":"19.2\/9\/1\/19.2-126","metadata":false},{"id":85269,"structure_id":14929,"section_number":"19.2-127","catch_line":"Conditions of release of material witness","url":"\/19.2-127\/","token":"19.2\/9\/1\/19.2-127","metadata":false},{"id":78904,"structure_id":14929,"section_number":"19.2-128","catch_line":"Penalties for failure to appear","url":"\/19.2-128\/","token":"19.2\/9\/1\/19.2-128","metadata":false},{"id":71774,"structure_id":14929,"section_number":"19.2-129","catch_line":"Power of court to punish for contempt","url":"\/19.2-129\/","token":"19.2\/9\/1\/19.2-129","metadata":false},{"id":80938,"structure_id":14929,"section_number":"19.2-130","catch_line":"Bail in subsequent proceeding arising out of initial arrest","url":"\/19.2-130\/","token":"19.2\/9\/1\/19.2-130","metadata":false},{"id":71604,"structure_id":14929,"section_number":"19.2-130.1","catch_line":"Bail terms set by court on a capias to be honored by magistrate","url":"\/19.2-130.1\/","token":"19.2\/9\/1\/19.2-130.1","metadata":false},{"id":56973,"structure_id":14929,"section_number":"19.2-131","catch_line":"Bail for person held in jurisdiction other than that of trial","url":"\/19.2-131\/","token":"19.2\/9\/1\/19.2-131","metadata":false},{"id":57999,"structure_id":14929,"section_number":"19.2-132","catch_line":"Motion to increase amount of bond fixed by judicial officer; when bond may be increased","url":"\/19.2-132\/","token":"19.2\/9\/1\/19.2-132","metadata":false},{"id":84221,"structure_id":14929,"section_number":"19.2-132.1","catch_line":"Repealed","url":"\/19.2-132.1\/","token":"19.2\/9\/1\/19.2-132.1","metadata":false},{"id":87032,"structure_id":14929,"section_number":"19.2-134","catch_line":"When bail piece to be delivered to accused; form of bail piece","url":"\/19.2-134\/","token":"19.2\/9\/1\/19.2-134","metadata":false},{"id":81348,"structure_id":14929,"section_number":"19.2-134.1","catch_line":"Collection and reporting of data related to adults charged with a criminal offense punishable by confinement in jail or a term of imprisonment","url":"\/19.2-134.1\/","token":"19.2\/9\/1\/19.2-134.1","metadata":false}],"previous_section":{"id":61367,"structure_id":14929,"section_number":"19.2-119","catch_line":"Definitions","url":"\/19.2-119\/","token":"19.2\/9\/1\/19.2-119","metadata":false},"next_section":{"id":63951,"structure_id":14929,"section_number":"19.2-120.1","catch_line":"Repealed","url":"\/19.2-120.1\/","token":"19.2\/9\/1\/19.2-120.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-120\/","history_text":"

This law was first created in 1975. The record of its establishment is cataloged in chapter 495 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 23 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1978, chapter 755; in 1979, chapter 649; in 1987, chapter 390; in 1991, chapter 581; in 1993, chapter 636; in 1996, chapter 973<\/a>; in 1997, chapters 6<\/a> and 476<\/a>; in 1999, chapters 829<\/a> and 846<\/a>; in 2000, chapter 797<\/a>; in 2002, chapters 588<\/a> and 623<\/a>; in 2004, chapters 308<\/a>, 360<\/a>, 406<\/a>, 412<\/a>, 461<\/a>, 819<\/a>, 954<\/a>, and 959<\/a>; in 2005, chapter 132<\/a>; in 2006, chapter 504<\/a>; in 2007, chapters 134<\/a>, 386<\/a>, 745<\/a>, and 923<\/a>; in 2008, chapter 596<\/a>; in 2010, chapter 862<\/a>; in 2011, chapters 445<\/a>, 450<\/a>, and 480<\/a>; in 2012, chapter 467<\/a>; in 2015, chapter 413<\/a>; in 2018, chapter 71<\/a>; in 2020, chapter 999<\/a>; in 2024, chapter 243<\/a>; in 2025, chapter 717<\/a>.<\/p>","references":[{"id":81089,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","order_by":null,"url":"\/19.2-389\/"}],"refers_to":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":56020,"section_number":"19.2-297.1","catch_line":"Sentence of person twice previously convicted of certain violent felonies","order_by":null,"url":"\/19.2-297.1\/"},{"id":81089,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","order_by":null,"url":"\/19.2-389\/"}],"permalink":{"id":171217,"object_type":"law","relational_id":57923,"identifier":"19.2-120","token":"19.2\/9\/1\/19.2-120","url":"\/19.2-120\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-120\/","token":"19.2\/9\/1\/19.2-120","dublin_core":{"Title":"Admission to bail","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-120","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Prior to conducting any hearing<\/span> on the issue<\/span> of bail<\/span>, release, or detention, the judicial officer shall, to the extent feasible, obtain the person<\/span>’s criminal history<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A person<\/span> who is held in custody<\/span> pending trial<\/span> or hearing<\/span> for an offense<\/span>, civil or criminal contempt<\/span>, or otherwise shall be admitted to bail<\/span> by a judicial officer, unless there is probable cause<\/span> to believe that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> He will not appear for trial<\/span> or hearing<\/span> or at such other time and place as may be directed; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> His liberty will constitute an unreasonable danger to himself, family or household members as defined in § 16.1-228<\/a>, or the public. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In making a determination under subsection B, the judicial officer shall consider all relevant information, including (i) the nature and circumstances of the offense<\/span>; (ii) whether a firearm is alleged to have been used in the commission of the offense<\/span>; (iii) the weight of the evidence<\/span>; (iv) the history of the accused<\/span> or juvenile, including his family ties or involvement in employment, education, or medical, mental health, or substance abuse treatment<\/span>; (v) his length of residence in, or other ties to, the community; (vi) his record of convictions<\/span>; (vii) his appearance<\/span> at court<\/span> proceedings or flight to avoid prosecution<\/span> or convictions<\/span> for failure to appear at court<\/span> proceedings; (viii) whether the person<\/span> is likely to obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness<\/span>, juror, victim, or family or household member as defined in § 16.1-228<\/a>; and (ix) any evidence<\/span> the person<\/span> provided indicating that such person<\/span> (a) is currently pregnant, (b) has recently given birth, or (c) is currently nursing a child. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A judicial officer who admits a person<\/span> to bail<\/span> who is charged with an act of violence as defined in § 19.2-297.1<\/a> shall notify the attorney for the Commonwealth for the jurisdiction<\/span> in which such person<\/span>’s case is filed contemporaneously with such person<\/span>’s grant of bail<\/span> or release. Notice to the attorney for the Commonwealth may be made by facsimile or other electronic means. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The judicial officer shall inform the person<\/span> of his right to appeal<\/span> from the order<\/span> denying bail<\/span> or fixing terms of bond<\/span> or recognizance<\/span> consistent with § 19.2-124<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If the judicial officer sets a secured bond<\/span> and the person<\/span> engages the services of a licensed bail<\/span> bondsman, the magistrate<\/span> executing recognizance<\/span> for the accused<\/span> shall provide the bondsman, upon request, with a copy of the person<\/span>’s Virginia criminal history<\/span> record, if readily available, to be used by the bondsman only to determine appropriate reporting requirements to impose upon the accused<\/span> upon his release. The bondsman shall pay a $15 fee payable to the state treasury to be credited to the Literary Fund, upon requesting the defendant<\/span>’s Virginia criminal history<\/span> record issued pursuant to § 19.2-389<\/a>. The bondsman shall review the record on the premises and promptly return the record to the magistrate<\/span> after reviewing it. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADMISSION TO BAIL (\u00a7 19.2-120)\n\nA. Prior to conducting any hearing on the issue of bail, release, or detention,\nthe judicial officer shall, to the extent feasible, obtain the person’s\ncriminal history.\n\nB. A person who is held in custody pending trial or hearing for an offense,\ncivil or criminal contempt, or otherwise shall be admitted to bail by a judicial\nofficer, unless there is probable cause to believe that:\n\n 1. He will not appear for trial or hearing or at such other time and place as\n may be directed; or\n\n 2. His liberty will constitute an unreasonable danger to himself, family or\n household members as defined in § 16.1-228, or the public.\n\nC. In making a determination under subsection B, the judicial officer shall\nconsider all relevant information, including (i) the nature and circumstances of\nthe offense; (ii) whether a firearm is alleged to have been used in the\ncommission of the offense; (iii) the weight of the evidence; (iv) the history of\nthe accused or juvenile, including his family ties or involvement in employment,\neducation, or medical, mental health, or substance abuse treatment; (v) his\nlength of residence in, or other ties to, the community; (vi) his record of\nconvictions; (vii) his appearance at court proceedings or flight to avoid\nprosecution or convictions for failure to appear at court proceedings; (viii)\nwhether the person is likely to obstruct or attempt to obstruct justice, or\nthreaten, injure, or intimidate, or attempt to threaten, injure, or intimidate,\na prospective witness, juror, victim, or family or household member as defined\nin § 16.1-228; and (ix) any evidence the person provided indicating that\nsuch person (a) is currently pregnant, (b) has recently given birth, or (c) is\ncurrently nursing a child.\n\nD. A judicial officer who admits a person to bail who is charged with an act of\nviolence as defined in § 19.2-297.1 shall notify the attorney for the\nCommonwealth for the jurisdiction in which such person’s case is filed\ncontemporaneously with such person’s grant of bail or release. Notice to\nthe attorney for the Commonwealth may be made by facsimile or other electronic\nmeans.\n\nE. The judicial officer shall inform the person of his right to appeal from the\norder denying bail or fixing terms of bond or recognizance consistent with\n§ 19.2-124.\n\nF. If the judicial officer sets a secured bond and the person engages the\nservices of a licensed bail bondsman, the magistrate executing recognizance for\nthe accused shall provide the bondsman, upon request, with a copy of the\nperson’s Virginia criminal history record, if readily available, to be\nused by the bondsman only to determine appropriate reporting requirements to\nimpose upon the accused upon his release. The bondsman shall pay a $15 fee\npayable to the state treasury to be credited to the Literary Fund, upon\nrequesting the defendant’s Virginia criminal history record issued\npursuant to § 19.2-389. The bondsman shall review the record on the\npremises and promptly return the record to the magistrate after reviewing it.\n\nHISTORY: 1975, c. 495; 1978, c. 755; 1979, c. 649; 1987, c. 390; 1991, c. 581;\n1993, c. 636; 1996, c. 973; 1997, cc. 6, 476; 1999, cc. 829, 846; 2000, c. 797;\n2002, cc. 588, 623; 2004, cc. 308, 360, 406, 412, 461, 819, 954, 959; 2005, c.\n132; 2006, c. 504; 2007, cc. 134, 386, 745, 923; 2008, c. 596; 2010, c. 862;\n2011, cc. 445, 450, 480; 2012, c. 467; 2015, c. 413; 2018, c. 71; 2020, c. 999;\n2021, Sp. Sess. I, cc. 337, 344, 345, 523, 540; 2024, c. 243; 2025, c. 717.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}