[Archived] OCA Announces New Cash Bail Policy

For Immediate Release: January 3, 2019

Bryan Porter, Commonwealth's Attorney for the City of Alexandria, announced that the Office of the Commonwealth’s Attorney (OCA) is implementing a new policy regarding the recommendation of cash bail.

Porter announced that, effective immediately, his assistants will no longer recommend that cash bail be required in any misdemeanor case. Instead, his assistants will recommend that the accused be released on personal recognizance with attendant conditions such as pretrial supervision unless the person presents a substantial danger to the community or there is significant evidence that the person is unlikely to appear for trial.

With regards to this new policy, Porter said: “There is no reason why an accused citizen should be required to post a cash bond for a low-level, non-violent offense. For example, an indigent citizen charged with trespassing should not languish in jail before trial because he cannot afford to pay a bondsman to post a $500 cash bond on his behalf. In these cases, the law prefers that the accused citizen be released on his or her promise to appear.”

“I note that my office has a duty to protect the citizenry. In cases where the accused poses a significant risk to the community, such as stalking, sexual battery or offenses involving a firearm, or in cases where the accused has demonstrated that he or she is unlikely to appear for trial, my office retains the ability to recommend that bail not be granted pending trial.”

“I am particularly interested in reviewing the forthcoming report on the pretrial process that is being prepared by the Virginia Crime Commission, which is described as a ‘comprehensive’ study. I will consider additional changes to our bail practices after this report is released.”

“I also note that a robust, well-funded pretrial supervision program is a requisite part of our new policy. While I commend the Sheriff for the professionalism of his program, I will continue to advocate for additional resources for pretrial supervision.”

“My office has two overarching obligations: safeguarding the due process rights of citizens accused of crime while, at the same time, protecting the safety of the community and ensuring that victims of crime have their grievances addressed by the courts expeditiously. I firmly believe that this new policy, which significantly alters how my office handles bail recommendations in non-violent, lower level cases, effectively balances these obligations.”