Bail After An Arrest
Va. Code 19.2-120 — bail unless there is probable cause of flight or danger
In Virginia, a person held in custody pending trial or a hearing is admitted to bail unless there is probable cause to believe they will not appear, or that their liberty would be an unreasonable danger to themselves, their family or household members, or the public.
- The nature and circumstances of the offense, and whether a firearm is alleged to have been used.
- The weight of the evidence, and the person's record of convictions.
- Family ties, employment, education, treatment, and length of residence in the community.
- The person's history of appearing in court, or of flight or failure to appear.
- Whether the person is likely to obstruct justice or threaten a witness, juror or victim.
The terms take account of what the person can pay. The terms of bail are fixed to reasonably ensure appearance and good behavior, and the judicial officer takes into account, among other things, the person's financial resources and ability to pay bond. The officer tells the person of the right to appeal an order denying bail or fixing its terms.
Sources for this section (2)
- Va. Code 19.2-120 — Admission to bail
- Va. Code 19.2-121 — Fixing terms of bail
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.