Transcription of MAGISTRATE MANUAL - BAIL PROCEDURES - CHAPTER 4
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MAGISTRATE MANUAL - BAIL PROCEDURES - CHAPTER 4
MAGISTRATE MANUAL BAIL PROCEDURES PAGE 4-1 Office of the Executive Secretary Department of MAGISTRATE Services Rev: 7/21 CHAPTER 4 - BAIL PROCEDURES 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 that the General Assembly shall not pass any bill of attainder, or any ex post facto law. For many years, the philosophy of bail as set forth in the United States Supreme Court case Stack v.
The language of Va. Code § 19.2-80 pertinent to bail procedures for magistrates states: In any case in which an officer does not issue a summons pursuant to § 19.2-74 or § 46.2-936, a law-enforcement officer making an arrest under a warrant or capias shall bring the arrested person without unnecessary delay before a judicial officer. The
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