CHAPTER 4 - BAIL PROCEDURES I. INTRODUCTION

MAGISTRATE MANUAL bail PROCEDURES PAGE 4-1 Office of the Executive Secretary Department of Magistrate Services Rev: 7/18 CHAPTER 4 - bail PROCEDURES I. INTRODUCTION The Constitutions of the United States and of Virginia do not guarantee a defendant the right to bail in criminal cases. The only mention of bail in the Constitution of the United States occurs in Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Likewise, Article I, Section 9 of the Constitution of Virginia provides: That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; that the privilege of the writ of habeas corpus shall not be suspended unless when, in cases of invasion or rebellion, the public safety may require; and tha

The language of this statute authorizes the arresting officer to either take the accused before the magistrate in the locality where the arrest occurred, or to transfer custody of the accused

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