The fugitive hold
When Virginia arrests someone on an out-of-state warrant, it is not charging them with a Virginia crime. It is holding them as a fugitive from the demanding state under the Uniform Criminal Extradition Act, which nearly every state has adopted.
The demanding state then has a limited window to produce a governor's warrant and come collect. Under the Act that period is generally thirty days, extendable by the court for good cause up to a total of ninety.
Ninety days in a Virginia jail on a charge from another state, before anyone has been convicted of anything, is the situation an extradition bond exists to solve.
Waiving versus fighting extradition
A person held as a fugitive can waive extradition and consent to transport, which is faster, or contest it and require the demanding state to complete the governor's warrant process.
This is a decision for a lawyer, not a bondsman. What we can tell you is how it affects the bond: contesting extradition extends the timeline substantially and changes how the bond is structured. We will lay out both scenarios honestly.
Some courts will not set bail on a fugitive hold at all, particularly for serious felonies. We can usually determine that within one call to the facility.
FAQ — Extradition Bonds
What is an extradition bond?
A bond securing release for someone arrested in Virginia on another state's warrant, while the extradition process runs. It guarantees they will appear for extradition proceedings and surrender for transport when required.
How long can Virginia hold someone on an out-of-state warrant?
Under the Uniform Criminal Extradition Act, generally thirty days initially, which a court may extend for good cause up to ninety days total. If the demanding state has not completed the governor's warrant process by then, the hold should be released.
Should I waive extradition?
That is a legal decision and you need a lawyer for it, not a bondsman. Waiving is faster; contesting requires the demanding state to complete a formal process and buys time. Both have real consequences for the underlying case.
Can everyone get an extradition bond?
No. Courts often decline to set bail on a fugitive hold, especially for violent felonies or where the demanding state has flagged the person as a flight risk. Call us with the name and facility and we can usually find out quickly.
What is the difference between an extradition bond and a transfer bond?
An extradition bond is for someone held in Virginia on another state's warrant. A transfer bond is for someone held in another state whom you want to bail out from Virginia. Opposite directions.
Who pays for the transport back?
The demanding state generally bears the cost of transporting a fugitive. Some states seek to recover it from the defendant as part of sentencing. Your attorney in the demanding state can tell you whether that applies.