Virginia Code

Va. Code Ann. § 19.2-121 (2026)

Fixing terms of bail

✓ current as of May 2026

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A. If the person is admitted to bail, the terms thereof shall be such as, in the judgment of any official granting or reconsidering the same, will be reasonably fixed to ensure the appearance of the accused and to ensure his good behavior pending trial. The judicial officer shall take into account (i) the nature and circumstances of the offense; (ii) whether a firearm is alleged to have been used in the offense; (iii) the weight of the evidence; (iv) the financial resources of the accused or juvenile and his ability to pay bond; (v) the character of the accused or juvenile including his family ties, employment or involvement in education; (vi) his length of residence in the community; (vii) his record of convictions; (viii) his appearance at court proceedings or flight to avoid prosecution or failure to appear at court proceedings; (ix) 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, or victim; and (x) any other information available which the court considers relevant to the determination of whether the accused or juvenile is unlikely to appear for court proceedings.

B. When a magistrate conducts a bail hearing for a person arrested on a warrant or capias for a jailable offense, the magistrate shall describe the information considered under subsection A on a form provided by the Executive Secretary of the Supreme Court and shall transmit the completed form to the circuit court or district court before which the warrant or capias is returnable, and if such jailable offense is an act of violence as defined in § 19.2-297.1, then such magistrate shall transmit within 24 hours a copy of the completed form to the attorney for the Commonwealth for the jurisdiction where the warrant or capias is returnable. Transmission of such copy to the attorney for the Commonwealth may be by facsimile or other electronic means.

C. In any case where the accused has appeared and otherwise met the conditions of bail, no bond therefor shall be used to satisfy fines and costs unless agreed to by the person who posted such bond.

1975, c. 495; 1978, c. 755; 1980, c. 190; 1991, c. 581; 1992, c. 576; 1993, c. 636; 1999, cc. 829, 846; 2019, c. 176; 2022, cc. 47, 48.

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 1982–2024 · leading case: Dorsey v. Commonwealth, 526 S.E.2d 787 (Va. Ct. App. 2000).

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Dorsey v. Commonwealth, 526 S.E.2d 787 (Va. Ct. App. 2000). · cites it 8× “See Code § 19.2-121. [2] In the instant case, the trial court revoked appellant's bail after hearing unrebutted evidence that, in a single night, appellant participated in two robberies in which a firearm was used.”

Hearn v. Hudson, 549 F. Supp. 949 (W.D. Va. 1982). · cites it 4× “See Va.Code §§ 19.2-121, 123. 5 . Defendants Casey and Stinson, the city magistrates, strongly deny any liability to the plaintiff regarding access to the telephone.”

Lee v. Winston, 551 F. Supp. 247 (E.D. Va. 1982). · cites it 3× “At the August 25 hearing, the Circuit Court clearly indicated that it was taking into account the factors related to insuring the presence of the accused, as Va.Code § 19.2-121 directs. The Circuit Court also gave petitioner full opportunity to put on evidence as to such factors.”

Commonwealth of Virginia v. Miquel Sirmir Johnston (Va. Ct. App. 2020). · cites it 2× “See Code § 19.2-121 (directing a “judicial officer” to consider the “weight of the evidence” when setting the terms of bail).”

Robert Lee Jeffrey, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 2× “He subsequently argues in a supplemental brief that the trial court abused its discretion when it failed to consider the factors enumerated in Code § 19.2-121. his failure to articulate how the circuit court abused its discretion in his motion for review.”

Alberto Bravo v. Commonwealth of Virginia (Va. Ct. App. 2008). · cites it 2× “g, Code §§ 19.2-121 and 19.2-132; see also Dorsey v.”

Butler v. Prince Georges Cnty., Maryland (D. Maryland 2024). “3(b); Va. Code Ann. § 19.2-121 . § See, e.g., 18 U.”

Just City, Inc. v. Bonner (W.D. Tenn. 2024). “§ 7554(b)(1) (2024) (“accused’s ability to post bail”); Va. Code Ann. § 19.2-121 (A) (2024) (“financial resources of the accused or juvenile and his ability to pay bond”); W.”

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