{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-121.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-121.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-121.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-121.html"}],"law_id":76391,"edition_id":1,"section_id":76391,"structure_id":14929,"section_number":"19.2-121","catch_line":"Fixing terms of bail","history":"1975, c. 495; 1978, c. 755; 1980, c. 190; 1991, c. 581; 1992, c. 576; 1993, c. 636; 1999, cc. 829, 846; 2019, c. 176; 2022, cc. 47, 48.","full_text":"A\n\nIf the person is admitted to bail, the terms thereof shall be such as, in the judgment of any official granting or reconsidering the same, will be reasonably fixed to ensure the appearance of the accused and to ensure his good behavior pending trial. The judicial officer shall take into account (i) the nature and circumstances of the offense; (ii) whether a firearm is alleged to have been used in the offense; (iii) the weight of the evidence; (iv) the financial resources of the accused or juvenile and his ability to pay bond; (v) the character of the accused or juvenile including his family ties, employment or involvement in education; (vi) his length of residence in the community; (vii) his record of convictions; (viii) his appearance at court proceedings or flight to avoid prosecution or failure to appear at court proceedings; (ix) 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, or victim; and (x) any other information available which the court considers relevant to the determination of whether the accused or juvenile is unlikely to appear for court proceedings.B\n\nWhen a magistrate conducts a bail hearing for a person arrested on a warrant or capias for a jailable offense, the magistrate shall describe the information considered under subsection A on a form provided by the Executive Secretary of the Supreme Court and shall transmit the completed form to the circuit court or district court before which the warrant or capias is returnable, and if such jailable offense is an act of violence as defined in § 19.2-297.1, then such magistrate shall transmit within 24 hours a copy of the completed form to the attorney for the Commonwealth for the jurisdiction where the warrant or capias is returnable. Transmission of such copy to the attorney for the Commonwealth may be by facsimile or other electronic means.C\n\nIn any case where the accused has appeared and otherwise met the conditions of bail, no bond therefor shall be used to satisfy fines and costs unless agreed to by the person who posted such bond.","order_by":null,"text":{"0":{"id":274232,"text":"If the person is admitted to bail, the terms thereof shall be such as, in the judgment of any official granting or reconsidering the same, will be reasonably fixed to ensure the appearance of the accused and to ensure his good behavior pending trial. The judicial officer shall take into account (i) the nature and circumstances of the offense; (ii) whether a firearm is alleged to have been used in the offense; (iii) the weight of the evidence; (iv) the financial resources of the accused or juvenile and his ability to pay bond; (v) the character of the accused or juvenile including his family ties, employment or involvement in education; (vi) his length of residence in the community; (vii) his record of convictions; (viii) his appearance at court proceedings or flight to avoid prosecution or failure to appear at court proceedings; (ix) 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, or victim; and (x) any other information available which the court considers relevant to the determination of whether the accused or juvenile is unlikely to appear for court proceedings.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":274233,"text":"When a magistrate conducts a bail hearing for a person arrested on a warrant or capias for a jailable offense, the magistrate shall describe the information considered under subsection A on a form provided by the Executive Secretary of the Supreme Court and shall transmit the completed form to the circuit court or district court before which the warrant or capias is returnable, and if such jailable offense is an act of violence as defined in § 19.2-297.1, then such magistrate shall transmit within 24 hours a copy of the completed form to the attorney for the Commonwealth for the jurisdiction where the warrant or capias is returnable. Transmission of such copy to the attorney for the Commonwealth may be by facsimile or other electronic means.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":274234,"text":"In any case where the accused has appeared and otherwise met the conditions of bail, no bond therefor shall be used to satisfy fines and costs unless agreed to by the person who posted such bond.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-121\/","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 8 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 1980, chapter 190; in 1991, chapter 581; in 1992, chapter 576; in 1993, chapter 636; in 1999, chapters 829<\/a> and 846<\/a>; in 2019, chapter 176<\/a>; in 2022, chapters 47<\/a> and 48<\/a>.<\/p>","references":false,"refers_to":[{"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\/"}],"permalink":{"id":171225,"object_type":"law","relational_id":76391,"identifier":"19.2-121","token":"19.2\/9\/1\/19.2-121","url":"\/19.2-121\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-121\/","token":"19.2\/9\/1\/19.2-121","dublin_core":{"Title":"Fixing terms of bail","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-121","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If the person<\/span> is admitted to bail<\/span>, the terms thereof shall be such as, in the judgment<\/span> of any official granting or reconsidering the same, will be reasonably fixed to ensure the appearance<\/span> of the accused<\/span> and to ensure his good behavior pending trial<\/span>. The judicial officer shall take into account (i) the nature and circumstances of the offense<\/span>; (ii) whether a firearm is alleged to have been used in the offense<\/span>; (iii) the weight of the evidence<\/span>; (iv) the financial resources of the accused<\/span> or juvenile and his ability to pay bond<\/span>; (v) the character of the accused<\/span> or juvenile including his family ties, employment or involvement in education; (vi) his length of residence in the community; (vii) his record of convictions<\/span>; (viii) his appearance<\/span> at court<\/span> proceedings or flight to avoid prosecution<\/span> or failure to appear at court<\/span> proceedings; (ix) 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, or victim; and (x) any other information available which the court<\/span> considers relevant to the determination of whether the accused<\/span> or juvenile is unlikely to appear for court<\/span> proceedings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> When a magistrate<\/span> conducts a bail<\/span> hearing<\/span> for a person<\/span> arrested on a warrant or capias<\/span> for a jailable offense<\/span>, the magistrate<\/span> shall describe the information considered under subsection A on a form provided by the Executive Secretary of the Supreme Court<\/span> and shall transmit the completed form to the circuit<\/span> court<\/span> or district court<\/span> before which the warrant or capias<\/span> is returnable, and if such jailable offense<\/span> is an act of violence as defined in § 19.2-297.1<\/a>, then such magistrate<\/span> shall transmit within 24 hours a copy of the completed form to the attorney for the Commonwealth for the jurisdiction<\/span> where the warrant or capias<\/span> is returnable. Transmission of such copy to the attorney for the Commonwealth may be by facsimile or other electronic means. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In any case where the accused<\/span> has appeared and otherwise met the conditions of bail<\/span>, no bond<\/span> therefor shall be used to satisfy fines and costs unless agreed to by the person<\/span> who posted such bond<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFIXING TERMS OF BAIL (\u00a7 19.2-121)\n\nA. If the person is admitted to bail, the terms thereof shall be such as, in the\njudgment of any official granting or reconsidering the same, will be reasonably\nfixed to ensure the appearance of the accused and to ensure his good behavior\npending trial. The judicial officer shall take into account (i) the nature and\ncircumstances of the offense; (ii) whether a firearm is alleged to have been\nused in the offense; (iii) the weight of the evidence; (iv) the financial\nresources of the accused or juvenile and his ability to pay bond; (v) the\ncharacter of the accused or juvenile including his family ties, employment or\ninvolvement in education; (vi) his length of residence in the community; (vii)\nhis record of convictions; (viii) his appearance at court proceedings or flight\nto avoid prosecution or failure to appear at court proceedings; (ix) whether the\nperson is likely to obstruct or attempt to obstruct justice, or threaten,\ninjure, or intimidate, or attempt to threaten, injure, or intimidate a\nprospective witness, juror, or victim; and (x) any other information available\nwhich the court considers relevant to the determination of whether the accused\nor juvenile is unlikely to appear for court proceedings.\n\nB. When a magistrate conducts a bail hearing for a person arrested on a warrant\nor capias for a jailable offense, the magistrate shall describe the information\nconsidered under subsection A on a form provided by the Executive Secretary of\nthe Supreme Court and shall transmit the completed form to the circuit court or\ndistrict court before which the warrant or capias is returnable, and if such\njailable offense is an act of violence as defined in § 19.2-297.1, then\nsuch magistrate shall transmit within 24 hours a copy of the completed form to\nthe attorney for the Commonwealth for the jurisdiction where the warrant or\ncapias is returnable. Transmission of such copy to the attorney for the\nCommonwealth may be by facsimile or other electronic means.\n\nC. In any case where the accused has appeared and otherwise met the conditions\nof bail, no bond therefor shall be used to satisfy fines and costs unless agreed\nto by the person who posted such bond.\n\nHISTORY: 1975, c. 495; 1978, c. 755; 1980, c. 190; 1991, c. 581; 1992, c. 576;\n1993, c. 636; 1999, cc. 829, 846; 2019, c. 176; 2022, cc. 47, 48.","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}}