                                 CODE OF VIRGINIA

ADMISSION TO BAIL (§ 19.2-120)

A. Prior to conducting any hearing on the issue of bail, release, or detention,
the judicial officer shall, to the extent feasible, obtain the person&#8217;s
criminal history.

B. 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:

   1. He will not appear for trial or hearing or at such other time and place as
   may be directed; or

   2. His liberty will constitute an unreasonable danger to himself, family or
   household members as defined in &#xA7; 16.1-228, or the public.

C. 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 &#xA7; 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. A judicial officer who admits a person to bail who is charged with an act of
violence as defined in &#xA7; 19.2-297.1 shall notify the attorney for the
Commonwealth for the jurisdiction in which such person&#8217;s case is filed
contemporaneously with such person&#8217;s grant of bail or release. Notice to
the attorney for the Commonwealth may be made by facsimile or other electronic
means.

E. 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
&#xA7; 19.2-124.

F. 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&#8217;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&#8217;s Virginia criminal history record issued
pursuant to &#xA7; 19.2-389. The bondsman shall review the record on the
premises and promptly return the record to the magistrate after reviewing it.

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.