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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>65004</law_id><section_number>19.2-143</section_number><catch_line>Where default recorded; process on recognizance; forfeiture on recognizance; when copy may be used; cash bond</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>16.1-258</reference><reference>16.1-77</reference><reference>19.2-136</reference><reference>9.1-185.8</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="19.2">Criminal Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="9">Bail and Recognizances</unit><unit label="article" level="3" order_by="1" identifier="2">Recognizances</unit></structure><text>
						<section><p>When a <span class="dictionary">person</span>, under <span class="dictionary">recognizance</span> in a case, either as <span class="dictionary">party</span> or <span class="dictionary">witness</span>, fails to perform the condition of <span class="dictionary">appearance</span> thereof, if it is to appear before a <span class="dictionary">court</span> of record, or a district <span class="dictionary">court</span>, the <span class="dictionary">court</span> shall record the <span class="dictionary">default</span> therein, and shall <span class="dictionary">issue</span> a notice of <span class="dictionary">default</span> within five days of the breach of the condition of <span class="dictionary">appearance</span>.
		If the <span class="dictionary">defendant</span> or juvenile is brought before the <span class="dictionary">court</span> within 150 days of the <span class="dictionary">findings</span> of <span class="dictionary">default</span>, the <span class="dictionary">court</span> shall dismiss the <span class="dictionary">default</span> upon the filing of a <span class="dictionary">motion</span> by the <span class="dictionary">party</span> in <span class="dictionary">default</span>. After 150 days of the <span class="dictionary">finding</span> of <span class="dictionary">default</span>, his <span class="dictionary">default</span> shall be recorded therein, and if it is to appear before a district <span class="dictionary">court</span>, his <span class="dictionary">default</span> shall be entered by the <span class="dictionary">judge</span> of such <span class="dictionary">court</span>, on the case papers unless the <span class="dictionary">defendant</span> or juvenile has been delivered or appeared before the <span class="dictionary">court</span>. The process on any such forfeited <span class="dictionary">recognizance</span> shall be issued from the <span class="dictionary">court</span> before which the <span class="dictionary">appearance</span> was to be, and wherein such forfeiture was recorded or entered. Any such process issued by a <span class="dictionary">judge</span> shall be made returnable before, and tried by, such <span class="dictionary">judge</span>, who shall promptly transmit to the clerk of the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of his county or city wherein deeds are recorded an abstract of such <span class="dictionary">judgment</span> as he may render thereon, which shall be forthwith docketed by the clerk of such <span class="dictionary">court</span>. If the forfeited <span class="dictionary">recognizance</span> is not paid by 4:00 p.m. on the last day of the 150-day period from the <span class="dictionary">finding</span> of <span class="dictionary">default</span>, the license of any <span class="dictionary">bail</span> bondsman on the <span class="dictionary">bond</span> shall be suspended in accordance with &#xA7;&#xA0;<a class="law" title="Professional conduct standards; grounds for disciplinary actions" href="/9.1-185.8/">9.1-185.8</a>. At such time, the <span class="dictionary">court</span> shall <span class="dictionary">issue</span> a notice to pay within 10 business days to any employer of such <span class="dictionary">bail</span> bondsman if a property bondsman. If the forfeiture is not paid within 10 business days of the notice to pay, licenses of the employer of the <span class="dictionary">bail</span> bondsman and agents thereof shall be suspended in accordance with &#xA7;&#xA0;<a class="law" title="Professional conduct standards; grounds for disciplinary actions" href="/9.1-185.8/">9.1-185.8</a>.
		If the <span class="dictionary">defendant</span> or juvenile appears before or is delivered to the <span class="dictionary">court</span> within 24 months of the <span class="dictionary">findings</span> of <span class="dictionary">default</span>, the <span class="dictionary">court</span> shall remit any <span class="dictionary">bond</span> previously ordered forfeited by the <span class="dictionary">courts</span>, less such costs as the <span class="dictionary">court</span> may direct.
		If it is brought to the attention of the <span class="dictionary">court</span> that the <span class="dictionary">defendant</span> or juvenile is incarcerated in another state or country within 48 months of the <span class="dictionary">finding</span> of <span class="dictionary">default</span>, thereby preventing his delivery or <span class="dictionary">appearance</span> within that period, the <span class="dictionary">court</span> shall remit any <span class="dictionary">bond</span> previously ordered forfeited. If the <span class="dictionary">defendant</span> or juvenile left the Commonwealth with the permission of the <span class="dictionary">court</span>, the <span class="dictionary">bond</span> shall be remitted without deduction of costs; otherwise, the cost of returning him to the Commonwealth shall be deducted from the <span class="dictionary">bond</span>.
		<span class="dictionary">Evidence</span> that the <span class="dictionary">defendant</span> or juvenile is incarcerated or subject to <span class="dictionary">court</span> process in another <span class="dictionary">jurisdiction</span> on the day his <span class="dictionary">appearance</span> is required or a medical certificate from a duly licensed physician that the <span class="dictionary">defendant</span> was physically unable to so appear shall be considered <span class="dictionary">evidence</span> of good cause why the <span class="dictionary">recognizance</span> should not be forfeited.
		If such <span class="dictionary">recognizance</span> so forfeited is not for such <span class="dictionary">appearance</span>, process thereon shall be issued from the <span class="dictionary">court</span> in which it was taken, or the <span class="dictionary">court</span> to which it was made returnable, and in a proceeding in one <span class="dictionary">court</span> on a <span class="dictionary">recognizance</span> entered in another a copy thereof shall be <span class="dictionary">evidence</span> in like manner as the original would be if it had been entered in the <span class="dictionary">court</span> wherein the proceeding is being had thereon.
		However, when any <span class="dictionary">defendant</span> or juvenile who posted a cash <span class="dictionary">bond</span> and failed to appear is tried in his absence and is convicted, the <span class="dictionary">court</span> or <span class="dictionary">judge</span> trying the case shall first apply the cash <span class="dictionary">bond</span>, or so much thereof as may be necessary, to the payment of any fines or costs, or both, adjudged against the <span class="dictionary">defendant</span> or juvenile or imposed by <span class="dictionary">law</span>. Any remaining funds shall be forfeited without further notice. However, if a rehearing is granted, the <span class="dictionary">court</span> may remit part or all of such cash <span class="dictionary">bond</span> not applied ultimately to fines or costs, and <span class="dictionary">order</span> a refund of the same by the State Treasurer, or by the treasurer or director of finance of the locality, if the <span class="dictionary">bond</span> was collected by a locality pursuant to &#xA7;&#xA0;<a class="law" title="How bonds in recognizances payable; penalty" href="/19.2-136/">19.2-136</a>, but only if good cause is shown.
		If the <span class="dictionary">defendant</span> or juvenile posted a cash <span class="dictionary">bond</span> and failed to appear, but is not tried in his absence, the <span class="dictionary">bond</span> shall be forfeited promptly without further notice. However, if the <span class="dictionary">defendant</span> or juvenile appears in <span class="dictionary">court</span> within 60 days after the <span class="dictionary">bond</span> is forfeited, the <span class="dictionary">judge</span> may remit part or all of any <span class="dictionary">bond</span> previously forfeited and <span class="dictionary">order</span> a refund of the same by the State Treasurer, or by the treasurer or director of finance of the locality, if the <span class="dictionary">bond</span> was collected by a locality pursuant to &#xA7;&#xA0;<a class="law" title="How bonds in recognizances payable; penalty" href="/19.2-136/">19.2-136</a>.</p></section></text><history>Code 1950, &#xA7; 19.1-137; 1960, c. 366; 1962, c. 499; 1970, c. 371; 1973, c. 409; 1975, c. 495; 1978, c. 755; 1979, c. 735; 1987, c. 670; 1988, c. 443; 1990, c. 624; 2000, c. 885; 2003, c. 840; 2005, c. 585; 2006, cc. 296, 316; 2011, c. 802; 2012, c. 408; 2019, c. 200.</history><metadata></metadata></law>
