Sections
Article 1 Bail 19.2-119 – 19.2-134.1
Article 2 Recognizances 19.2-135 – 19.2-150
Article 3 Satisfaction and Discharge 19.2-151 – 19.2-152
Article 5 Pretrial Services Act 19.2-152.2 – 19.2-152.7

Terms Used In Virginia Code > Title 19.2 > Chapter 9 - Bail and Recognizances

  • Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
  • Access contract: means a contract to obtain by electronic means access to, or information from, an information processing system of another person, or the equivalent of such access. See Virginia Code 59.1-501.2
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Aggrieved party: means a party entitled to a remedy for breach of contract. See Virginia Code 59.1-501.2
  • Agreement: means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction. See Virginia Code 59.1-480
  • Agreement: means the bargain of the parties in fact as found in their language or by implication from other circumstances, including course of performance, course of dealing, and usage of trade as provided in this chapter. See Virginia Code 59.1-501.2
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Antique motor vehicle: means every motor vehicle, as defined in this section, which was actually manufactured or designated by the manufacturer as a model manufactured in a calendar year not less than 25 years prior to January 1 of each calendar year and is owned solely as a collector's item. See Virginia Code 46.2-100
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Attribution procedure: means a procedure to verify that an electronic authentication, display, message, record, or performance is that of a particular person or to detect changes or errors in information. See Virginia Code 59.1-501.2
  • Authenticate: means (i) to sign or (ii) with the intent to sign a record, to execute or adopt an electronic symbol, sound, message, or process referring to, attached to, included in, or logically associated or linked with, that record. See Virginia Code 59.1-501.2
  • Automated transaction: means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. See Virginia Code 59.1-480
  • Bail: means the pretrial release of a person from custody upon those terms and conditions specified by order of an appropriate judicial officer. See Virginia Code 19.2-119
  • Bank: means any national bank, any bank organized under Chapter 8 (§ 6. See Virginia Code 6.2-300
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bicycle: means a device propelled solely by human power, upon which a person may ride either on or astride a regular seat attached thereto, having two or more wheels in tandem, including children's bicycles, except a toy vehicle intended for use by young children. See Virginia Code 46.2-100
  • Bond: means the posting by a person or his surety of a written promise to pay a specific sum, secured or unsecured, ordered by an appropriate judicial officer as a condition of bail to assure performance of the terms and conditions contained in the recognizance. See Virginia Code 19.2-119
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Commissioner: means the Commissioner of the Department of Motor Vehicles of the Commonwealth. See Virginia Code 46.2-100
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Computer: means an electronic device that accepts information in digital or similar form and manipulates it for a result based on a sequence of instructions. See Virginia Code 59.1-501.2
  • Computer information: means information in electronic form that is obtained from or through the use of a computer or that is in a form capable of being processed by a computer. See Virginia Code 59.1-501.2
  • Computer information transaction: means an agreement or the performance of it to create, modify, transfer, or license computer information or informational rights in computer information. See Virginia Code 59.1-501.2
  • Computer program: means a set of statements or instructions to be used directly or indirectly in a computer to bring about a certain result. See Virginia Code 59.1-501.2
  • Consumer: means an individual who is a licensee of information or informational rights that the individual at the time of contracting intended to be used primarily for personal, family, or household purposes. See Virginia Code 59.1-501.2
  • Consumer contract: means a contract between a merchant licensor and a consumer. See Virginia Code 59.1-501.2
  • Contract: means the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law. See Virginia Code 59.1-480
  • Contract: means the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law. See Virginia Code 59.1-501.2
  • Contract fee: means the price, fee, rent, or royalty payable in a contract under this chapter or any part of the amount payable. See Virginia Code 59.1-501.2
  • Copy: means the medium on which information is fixed on a temporary or permanent basis and from which it can be perceived, reproduced, used, or communicated, either directly or with the aid of a machine or device. See Virginia Code 59.1-501.2
  • Course of dealing: means a sequence of previous conduct between the parties to a particular transaction which establishes a common basis of understanding for interpreting their expressions and other conduct. See Virginia Code 59.1-501.2
  • Course of performance: means repeated performances, under a contract that involves repeated occasions for performance, which are accepted or acquiesced in without objection by a party having knowledge of the nature of the performance and an opportunity to object to it. See Virginia Code 59.1-501.2
  • Court: means any court vested with appropriate jurisdiction under the Constitution and laws of the Commonwealth. See Virginia Code 19.2-5
  • Court: includes an arbitration or other dispute-resolution forum if the parties have agreed to use of that forum or its use is required by law. See Virginia Code 59.1-501.2
  • Credit union: means any credit union organized under Chapter 13 (§ 6. See Virginia Code 6.2-300
  • Criminal history: means records and data collected by criminal justice agencies or persons consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations or other formal charges, and any deposition arising therefrom. See Virginia Code 19.2-119
  • Department: means the Department of Motor Vehicles of the Commonwealth. See Virginia Code 46.2-100
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Direct damages: means compensation for losses measured by § 59. See Virginia Code 59.1-501.2
  • driver: means every person who either (i) drives or is in actual physical control of a motor vehicle on a highway or (ii) is exercising control over or steering a vehicle being towed by a motor vehicle. See Virginia Code 46.2-100
  • Electric personal assistive mobility device: means a self-balancing two-nontandem-wheeled device that is designed to transport only one person and powered by an electric propulsion system that limits the device's maximum speed to 15 miles per hour or less. See Virginia Code 46.2-100
  • Electric power-assisted bicycle: means a vehicle that travels on not more than three wheels in contact with the ground and is equipped with (i) pedals that allow propulsion by human power, (ii) a seat for the use of the rider, and (iii) an electric motor with an input of no more than 750 watts. See Virginia Code 46.2-100
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Virginia Code 59.1-480
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Virginia Code 59.1-501.2
  • Electronic agent: means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual. See Virginia Code 59.1-480
  • Electronic agent: means a computer program, or electronic or other automated means, used independently to initiate an action, or to respond to electronic messages or performances, on the person's behalf without review or action by an individual at the time of the action or response to the message or performance. See Virginia Code 59.1-501.2
  • Electronic message: means a record or display that is stored, generated, or transmitted by electronic means for the purpose of communication to another person or electronic agent. See Virginia Code 59.1-501.2
  • Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See Virginia Code 59.1-480
  • Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Virginia Code 59.1-480
  • farm: means any person that obtains at least 51 percent of its annual gross income from agricultural operations and produces the agricultural waste used as feedstock for the waste-to-energy technology, (ii) "agricultural waste" means biomass waste materials capable of decomposition that are produced from the raising of plants and animals during agricultural operations, including animal manures, bedding, plant stalks, hulls, and vegetable matter, and (iii) "waste-to-energy technology" means any technology, including but not limited to a methane digester, that converts agricultural waste into gas, steam, or heat that is used to generate electricity on-site. See Virginia Code 1-222.1
  • Farm tractor: means every motor vehicle designed and used as a farm, agricultural, or horticultural implement for drawing plows, mowing machines, and other farm, agricultural, or horticultural machinery and implements, including self-propelled mowers designed and used for mowing lawns. See Virginia Code 46.2-100
  • Fiduciary: includes a guardian, committee, trustee, executor, conservator, or personal representative. See Virginia Code 64.2-100
  • Financial accommodation contract: means an agreement under which a person extends a financial accommodation to a licensee and which does not create a security interest governed by Title 8. See Virginia Code 59.1-501.2
  • Financial services transaction: means an agreement that provides for, or a transaction that is, or entails access to, use, transfer, clearance, settlement, or processing of:

    (A) a deposit, loan, funds, or monetary value represented in electronic form and stored or capable of storage by electronic means and retrievable and transferable by electronic means, or other right to payment to or from a person;

    (B) an instrument or other item;

    (C) a payment order, credit card transaction, debit card transaction, funds transfer, automated clearing house transfer, or similar wholesale or retail transfer of funds;

    (D) a letter of credit, document of title, financial asset, investment property, or similar asset held in a fiduciary or agency capacity; or

    (E) related identifying, verifying, access-enabling, authorizing, or monitoring information. See Virginia Code 59.1-501.2

  • Financier: means a person that provides a financial accommodation to a licensee under a financial accommodation contract and either (i) becomes a licensee for the purpose of transferring or sublicensing the license to the party to which the financial accommodation is provided or (ii) obtains a contractual right under the financial accommodation contract to preclude the licensee's use of the information or informational rights under a license in the event of breach of the financial accommodation contract. See Virginia Code 59.1-501.2
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. See Virginia Code 59.1-501.2
  • Goods: means all things that are movable at the time relevant to the computer information transaction. See Virginia Code 59.1-501.2
  • Gross weight: means the aggregate weight of a vehicle or combination of vehicles and the load thereon. See Virginia Code 46.2-100
  • Highway: means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth, including the streets and alleys, and, for law-enforcement purposes, (i) the entire width between the boundary lines of all private roads or private streets that have been specifically designated "highways" by an ordinance adopted by the governing body of the county, city, or town in which such private roads or streets are located and (ii) the entire width between the boundary lines of every way or place used for purposes of vehicular travel on any property owned, leased, or controlled by the United States government and located in the Commonwealth. See Virginia Code 46.2-100
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Information: means data, text, images, sounds, codes, computer programs, software, databases, or the like. See Virginia Code 59.1-480
  • Information: means data, text, images, sounds, mask works, or computer programs, including collections and compilations of them. See Virginia Code 59.1-501.2
  • Information processing system: means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information. See Virginia Code 59.1-480
  • Information processing system: means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information. See Virginia Code 59.1-501.2
  • Informational content: means information that is intended to be communicated to or perceived by an individual in the ordinary use of the information, or the equivalent of that information. See Virginia Code 59.1-501.2
  • Informational rights: include all rights in information created under laws governing patents, copyrights, mask works, trade secrets, trademarks, publicity rights, or any other law that gives a person, independently of contract, a right to control or preclude another person's use of or access to the information on the basis of the rights holder's interest in the information. See Virginia Code 59.1-501.2
  • Insurance services transaction: means an agreement between an insurer and an insured that provides for, or a transaction that is or entails access to, use, transfer, clearance, settlement, or processing of:

    (A) an insurance policy, contract, or certificate; or

    (B) a right to payment under an insurance policy, contract or certificate. See Virginia Code 59.1-501.2

  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Judicial officer: means , unless otherwise indicated, any magistrate serving the jurisdiction, any judge of a district court and the clerk or deputy clerk of any district court or circuit court within their respective cities and counties, any judge of a circuit court, any judge of the Court of Appeals and any justice of the Supreme Court of Virginia. See Virginia Code 19.2-119
  • Law-enforcement officer: means any officer authorized to direct or regulate traffic or to make arrests for violations of this title or local ordinances authorized by law. See Virginia Code 46.2-100
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • License: means a contract that authorizes access to, or use, distribution, performance, modification, or reproduction of, information or informational rights, but expressly limits the access or uses authorized or expressly grants fewer than all rights in the information, whether or not the transferee has title to a licensed copy. See Virginia Code 59.1-501.2
  • License plate: means a device containing letters, numerals, or a combination of both, attached to a motor vehicle, trailer, or semitrailer to indicate that the vehicle is properly registered with the Department. See Virginia Code 46.2-100
  • Licensee: means a person entitled by agreement to acquire or exercise rights in, or to have access to or use of, computer information under an agreement to which this chapter applies. See Virginia Code 59.1-501.2
  • Licensor: means a person obligated by agreement to transfer or create rights in, or to give access to or use of, computer information or informational rights in it under an agreement to which this chapter applies. See Virginia Code 59.1-501.2
  • Light: means a device for producing illumination or the illumination produced by the device. See Virginia Code 46.2-100
  • Loan: means a loan or forbearance of money. See Virginia Code 6.2-300
  • Manufactured home: means a structure subject to federal regulation, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. See Virginia Code 46.2-100
  • Mass-market license: means a standard form used in a mass-market transaction. See Virginia Code 59.1-501.2
  • Mass-market transaction: means a transaction that is:

    (A) a consumer contract; or

    (B) any other transaction with an end-user licensee if:

    (i) the transaction is for information or informational rights directed to the general public as a whole, including consumers, under substantially the same terms for the same information;

    (ii) the licensee acquires the information or informational rights in a retail transaction under terms consistent with an ordinary transaction in a retail market; and

    (iii) the transaction is not (a) a contract for redistribution or for public performance or public display of a copyrighted work; (b) a transaction in which the information is customized or otherwise specially prepared by the licensor for the licensee, other than minor customization using a capability of the information intended for that purpose; (c) a site license; or (d) an access contract. See Virginia Code 59.1-501.2

  • Merchant: means a person:

    (A) who deals in information or informational rights of the kind involved in the transaction;

    (B) who by the person's occupation holds himself out as having knowledge or skill peculiar to the relevant aspect of the business practices or information involved in the transaction; or

    (C) to whom the knowledge or skill peculiar to the practices or information involved in the transaction may be attributed by the person's employment of an agent or broker or other intermediary who by his occupation holds himself out as having the knowledge or skill. See Virginia Code 59.1-501.2

  • Moped: means every vehicle that travels on not more than three wheels in contact with the ground that (i) has a seat that is no less than 24 inches in height, measured from the middle of the seat perpendicular to the ground; (ii) has a gasoline, electric, or hybrid motor that (a) displaces 50 cubic centimeters or less or (b) has an input of 1500 watts or less; (iii) is power-driven, with or without pedals that allow propulsion by human power; and (iv) is not operated at speeds in excess of 35 miles per hour. See Virginia Code 46.2-100
  • Motor vehicle: means every vehicle as defined in this section that is self-propelled or designed for self-propulsion except as otherwise provided in this title. See Virginia Code 46.2-100
  • Motorcycle: means every motor vehicle designed to travel on not more than three wheels in contact with the ground and is capable of traveling at speeds in excess of 35 miles per hour. See Virginia Code 46.2-100
  • Owner: means a person who holds the legal title to a vehicle; however, if a vehicle is the subject of an agreement for its conditional sale or lease with the right of purchase on performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or if a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be the owner for the purpose of this title. See Virginia Code 46.2-100
  • Party: means a person that engages in a transaction or makes an agreement under this chapter. See Virginia Code 59.1-501.2
  • Passenger car: means every motor vehicle other than a motorcycle or autocycle designed and used primarily for the transportation of no more than 10 persons, including the driver. See Virginia Code 46.2-100
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public body, public corporation, or any other legal or commercial entity. See Virginia Code 59.1-480
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental subdivision, instrumentality, or agency, public corporation, or any other legal or commercial entity. See Virginia Code 59.1-501.2
  • Person: means any accused, or any juvenile taken into custody pursuant to § 16. See Virginia Code 19.2-119
  • Personal delivery device: means a powered device operated primarily on sidewalks and crosswalks and intended primarily for the transport of property on public rights-of-way that does not exceed 500 pounds, excluding cargo, and is capable of navigating with or without the active control or monitoring of a natural person. See Virginia Code 46.2-100
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Public corporation: means the Commonwealth of Virginia or any political subdivision thereof or any incorporated municipality therein or any public agency of the Commonwealth or of any political subdivision thereof or of any municipality therein. See Virginia Code 1-219.1
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Receipt: means :

    (A) with respect to a copy, taking delivery; or

    (B) with respect to a notice:

    (i) coming to a person's attention; or

    (ii) being delivered to and available at a location or system designated by agreement for that purpose or, in the absence of an agreed location or system: (a) being delivered at the person's residence, or the person's place of business through which the contract was made, or at any other place held out by the person as a place for receipt of communications of the kind; or (b) in the case of an electronic notice, coming into existence in an information processing system or at an address in that system in a form capable of being processed by or perceived from a system of that type by a recipient, if the recipient uses, or otherwise has designated or holds out, that place or system for receipt of notices of the kind to be given and the sender does not know that the notice cannot be accessed from that place. See Virginia Code 59.1-501.2

  • Recognizance: means a signed commitment by a person to appear in court as directed and to adhere to any other terms ordered by an appropriate judicial officer as a condition of bail. See Virginia Code 19.2-119
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Virginia Code 59.1-480
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Virginia Code 59.1-501.2
  • Release: means an agreement by a party not to object to, or exercise any rights or pursue any remedies to limit, the use of information or informational rights which agreement does not require an affirmative act by the party to enable or support the other party's use of the information or informational rights. See Virginia Code 59.1-501.2
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Savings institution: means any savings institution, as defined in § 6. See Virginia Code 6.2-300
  • Security procedure: means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. See Virginia Code 59.1-480
  • Semitrailer: means every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests on or is carried by another vehicle. See Virginia Code 46.2-100
  • Send: means , with any costs provided for and properly addressed or directed as reasonable under the circumstances or as otherwise agreed, to deposit a record in the mail or with a commercially reasonable carrier, to deliver a record for transmission to or re-creation in another location or information processing system, or to take the steps necessary to initiate transmission to or re-creation of a record in another location or information processing system. See Virginia Code 59.1-501.2
  • Standard form: means a record or a group of related records containing terms prepared for repeated use in transactions and so used in a transaction in which there was no negotiated change of terms by individuals except to set the price, quantity, method of payment, selection among standard options, or time or method of delivery. See Virginia Code 59.1-501.2
  • State: means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Virginia Code 59.1-501.2
  • Superintendent: means the Superintendent of the Department of State Police of the Commonwealth. See Virginia Code 46.2-100
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tow truck: means a motor vehicle for hire (i) designed to lift, pull, or carry another vehicle by means of a hoist or other mechanical apparatus and (ii) having a manufacturer's gross vehicle weight rating of at least 10,000 pounds. See Virginia Code 46.2-100
  • Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
  • Tractor truck: means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the load and weight of the vehicle attached thereto. See Virginia Code 46.2-100
  • Trailer: means every vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, including manufactured homes. See Virginia Code 46.2-100
  • Transaction: means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. See Virginia Code 59.1-480
  • Truck: means every motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of 7,500 pounds. See Virginia Code 46.2-100
  • Trustee: means a trustee under a probated will or an inter vivos trust instrument. See Virginia Code 64.2-100
  • Usage of trade: means any practice or method of dealing that has such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question. See Virginia Code 59.1-501.2
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Utility vehicle: means a motor vehicle that is (i) designed for off-road use, (ii) powered by a motor, and (iii) used for general maintenance, security, agricultural, or horticultural purposes. See Virginia Code 46.2-100
  • Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100
  • Will: includes any testament, codicil, exercise of a power of appointment by will or by a writing in the nature of a will, or any other testamentary disposition. See Virginia Code 64.2-100