The Bond Motion process in the Fairfax Virginia Court System
Whenever an individual is arrested they are first taken to the local jail where they are booked in and taken in front of a Magistrate or Justice of the Peace where a formal hearing is connected and bail is set. In Fairfax Virginia this is always conducted by a Virginia Magistrate at the Fairfax County Adult Detention Center.
Although the 8th amendment gives every American the right to reasonable bail and a Magistrate has the power to set the bail at whatever they feel is appropriate based on the criminal record, as well as the details of the crime, there are cases where they are prohibited from doing so.
Every Fairfax Virginia Magistrate has been provided with guidelines for setting bail and within these guidelines are limits based on the seriousness of the crime. These are cases where there is whats called a "presumption against bail" and no matter what the details are in regard to the crime a Magistrate does not have the power to set a bail bond. These bonds must be awarded by a Judge in the Fairfax General District Court who will conduct the words in courtroom 2G.
If an inmate has been held without bail in Fairfax Virginia due to their criminal record, or the nature of the crime, the next step is to help your loved one obtain an attorney. If they are financially unable to retain a private counsel you can contactthe Virginia Indigent Defense Commission at 4103 Chain Bridge Road Fairfax, VA 22030 or call 703-934-5600 to obtain informationabout court appointed counsel for them.
Regardless of obtaining court appointed, or privately retained counsel the next step for the attorney to enter a motion in the Fairfax General District Court for a bond hearing. This is also commonly called a "bond motion".
A bond motion is a hearing where the defense counsel will be affording the opportunity to argument to the court the reasons why an incarcerated defensive should be granted bail. The prosecution will generally argue that the individual remain incarcerated until the court date. The defense counsel's goal is to address two major concerns to the court:
1) Risk of flight
2) Danger to the community
Risk of flight would typically be addressed by the defense counsel by establishing an individuals ties to the community including their job, family, or other connections that they have that would lead a reasonable person to believe that they would not flee the area to avoid prosecution. Any previous record of failing to appear in court will almost certainly be brought up by the prosecution at this time.
Danger to the community would be dispelled by citing their previous record such as never having been convoked of a violent crime as well as their overall demeanor or other evidence that may persevere the court that their is no reasonable chance this person could be a danger to their community. Often character witnesses are brought in to testify to the defenders past good behavior. The prosecution will be afforded the opportunity to cross examine any witnesses as well as bringing any evidence to the contrary.
If the defense can make their case the judge will decide how much the bail should be set at and the bond will be issued.
Bond Motions in Fairfax Virginia
This process is generally pretty uniform throughout the Commonwealth though Fairfax Virginia has some significant variations.
First the Fairfax Adult Detention center is connected to the Fairfax court system and therefore there is no inmate transport which allows these hearings to be conducted much faster than other counties.
Second the Fairfax county jail system is large enough that there is enough Hearings scheduled on any given day to justify the use of an entire courtroom to conduct only bond motives. Most counties will mix bond movements in with trials or other types of hearings.
Third all Fairfax Virginia bond motors are conducted at 8:30 AM in courtroom 2G located at 4110 Chain Bridge Road Fairfax, VA 22030 and areopen to the public.
Fourth because the Fairfax Virginia Courthouse and Fairfax Adult Detention Center are on the same campus inmates granted bail from a bond motion in court will be immediately moved back to the jail where they can be bonded immediately.
Because of all the unique qualities of the Fairfax Virginia court system it is suggested that when attaining a bail bond in Fairfax you contact a bail bondsman prior to the hearing. These hearings are often emotional for friends and family. Often even a privately retained attorney will not spend the time to explain every step of the process to their clients because they are busy speaking to the prosecuting attorney and other hearing related activities. This often leaves the family feeling uncomfortable and uninformed. An experienced bail bondsman can explain what to expect before the hearing as well as answer questions that may come up as it is being processed. With a bail bondsman in attendance you can immediately start the bonding process and get your loved one out of jail quickly.
Lookout Bail Bonds LLC specializes in the Fairfax Virginia court system and can send an experienced bail bondsman with you to your hearing free of charge. Call 703-477-0887 24 hour a day to speak to a bondsman.