Facing a criminal charge in Virginia

Bond and pretrial release in Virginia

Article I Section 9 of the Virginia Constitution bars excessive bail. Va. Code Sec. 19.2-119 through 19.2-152.4 govern bail. Va. Code Sec. 19.2-120 directs the court to consider whether release on recognizance or unsecured bond would reasonably assure appearance and community safety before imposing financial conditions. Forms include release on recognizance, unsecured bond, cash bond, surety bond, and supervised pretrial release. Va. Code Sec. 19.2-120 was substantially amended in 2021 (H.B. 2113) to require courts to consider the defendant's ability to pay and to use the least restrictive condition that will reasonably assure appearance. Va. Code Sec. 19.2-124 governs review and modification of bail conditions.

Bond amounts, conditions, and timelines vary by county and judge. Confirm with counsel or the court.

Criminal defense attorneys serving Virginia

Our directory is still building in Virginia. Public-defender intake is available now.

Record clearing in Virginia

Virginia record relief is governed by Code of Virginia 19.2-392.2 (expungement of non-conviction records) and 19.2-392.6 through 19.2-392.16 (sealing). The 2021 sealing reform enacted both automatic and petition-based pathways, with rolling implementation by the Virginia State Police. The statute provides automatic sealing under the 2021 reform for many misdemeanor convictions after a seven-year waiting period and felony larceny convictions after a ten-year period, with petition-based sealing available for additional categories. Sex offenses, offenses against family or household members, DUI, and certain enumerated felonies are excluded. The petition is filed in the circuit court of the county or city of conviction.

Eligibility, waiting periods, and the petition vs. automatic pathway depend on the conviction class and the date of the offense. Confirm with counsel or the court record.

Public defender intake in Virginia

Virginia Indigent Defense Commission serves STATEWIDE County. Public defenders are appointed by the court based on financial eligibility. We do not refer you to a specific public defender and we do not represent you.

Public defenders are appointed by the court based on financial eligibility. LawSensai does not refer you to a public defender and does not represent you. This packet is a courtesy summary you can share with your public defender or their intake staff. You remain responsible for applying to the court for appointed counsel.