                                 CODE OF VIRGINIA

WHERE DEFAULT RECORDED; PROCESS ON RECOGNIZANCE; FORFEITURE ON RECOGNIZANCE;
WHEN COPY MAY BE USED; CASH BOND (§ 19.2-143)

When a person, under recognizance in a case, either as party or witness, fails
to perform the condition of appearance thereof, if it is to appear before a
court of record, or a district court, the court shall record the default
therein, and shall issue a notice of default within five days of the breach of
the condition of appearance.
		If the defendant or juvenile is brought before the court within 150 days of
the findings of default, the court shall dismiss the default upon the filing of
a motion by the party in default. After 150 days of the finding of default, his
default shall be recorded therein, and if it is to appear before a district
court, his default shall be entered by the judge of such court, on the case
papers unless the defendant or juvenile has been delivered or appeared before
the court. The process on any such forfeited recognizance shall be issued from
the court before which the appearance was to be, and wherein such forfeiture was
recorded or entered. Any such process issued by a judge shall be made returnable
before, and tried by, such judge, who shall promptly transmit to the clerk of
the circuit court of his county or city wherein deeds are recorded an abstract
of such judgment as he may render thereon, which shall be forthwith docketed by
the clerk of such court. If the forfeited recognizance is not paid by 4:00 p.m.
on the last day of the 150-day period from the finding of default, the license
of any bail bondsman on the bond shall be suspended in accordance with §
9.1-185.8. At such time, the court shall issue a notice to pay within 10
business days to any employer of such bail 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 bail bondsman and agents thereof shall be
suspended in accordance with § 9.1-185.8.
		If the defendant or juvenile appears before or is delivered to the court
within 24 months of the findings of default, the court shall remit any bond
previously ordered forfeited by the courts, less such costs as the court may
direct.
		If it is brought to the attention of the court that the defendant or juvenile
is incarcerated in another state or country within 48 months of the finding of
default, thereby preventing his delivery or appearance within that period, the
court shall remit any bond previously ordered forfeited. If the defendant or
juvenile left the Commonwealth with the permission of the court, the bond shall
be remitted without deduction of costs; otherwise, the cost of returning him to
the Commonwealth shall be deducted from the bond.
		Evidence that the defendant or juvenile is incarcerated or subject to court
process in another jurisdiction on the day his appearance is required or a
medical certificate from a duly licensed physician that the defendant was
physically unable to so appear shall be considered evidence of good cause why
the recognizance should not be forfeited.
		If such recognizance so forfeited is not for such appearance, process thereon
shall be issued from the court in which it was taken, or the court to which it
was made returnable, and in a proceeding in one court on a recognizance entered
in another a copy thereof shall be evidence in like manner as the original would
be if it had been entered in the court wherein the proceeding is being had
thereon.
		However, when any defendant or juvenile who posted a cash bond and failed to
appear is tried in his absence and is convicted, the court or judge trying the
case shall first apply the cash bond, or so much thereof as may be necessary, to
the payment of any fines or costs, or both, adjudged against the defendant or
juvenile or imposed by law. Any remaining funds shall be forfeited without
further notice. However, if a rehearing is granted, the court may remit part or
all of such cash bond not applied ultimately to fines or costs, and order a
refund of the same by the State Treasurer, or by the treasurer or director of
finance of the locality, if the bond was collected by a locality pursuant to §
19.2-136, but only if good cause is shown.
		If the defendant or juvenile posted a cash bond and failed to appear, but is
not tried in his absence, the bond shall be forfeited promptly without further
notice. However, if the defendant or juvenile appears in court within 60 days
after the bond is forfeited, the judge may remit part or all of any bond
previously forfeited and order a refund of the same by the State Treasurer, or
by the treasurer or director of finance of the locality, if the bond was
collected by a locality pursuant to § 19.2-136.

HISTORY: Code 1950, § 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.