E.D. Va. Local Criminal Rule 46

(A) Security: Except as otherwise provided by law, every bond, undertaking, or stipulation must be

secured by (1) the deposit of cash or negotiable government bonds, undertaking, or stipulation; (2) the

undertaking or guaranty of a corporate surety doing business in Virginia and holding a certificate of

authority from the Secretary of the Treasury; or (3) the undertaking or guaranty of sufficient solvent

sureties, residents of Virginia, who own real or personal property within the State of Virginia worth

double the amount of the bond, undertaking, or stipulation over all debts and liabilities, and over all

obligations assumed on other bonds, undertakings, or stipulations, and exclusive of all legal exemptions.

A husband and wife may act as surety on a bond, but they shall be considered as only one surety. If a

bond, undertaking, or stipulation is executed by individual sureties, each surety shall execute an affidavit

of justification, giving the full name, occupation, residence and business address, showing that he or she

is qualified as an individual surety under the provisions of this Local Rule. Provided that, in criminal

cases, this Local Rule shall not in any way modify, alter, or change any of the provisions of the Bail

Reform Act or any successor statute.

(B) Prohibited Sureties: Members of the bar, administrative officers or employees of this Court, the

United States Marshal, his deputies or assistants, shall not act as a surety in any criminal case. A member

of the bar may execute a bond as attorney-in-fact upon presenting a properly executed power of attorney.

(C) Powers of Clerk: To approve security, the Clerk is authorized to approve all recognizances,

stipulations, bonds, guaranties, or undertakings, in the penal sum prescribed by statute or order of the

Court, whether the security be property or personal or corporate surety. If the bond is offered by a

professional bondsman or a person qualifying under (A)(3) above, approval of the Court, magistrate

judge, or bankruptcy judge shall be obtained for penal sums in excess of $25,000.00.

(D) Professional Bondsman: Any person desiring to become surety for compensation (professional

bondsman) on any bond required to be given in any matter before the Court or any of its magistrate

judges or bankruptcy judges, or in any other matter under the jurisdiction of this Court, shall, before

attempting to act, obtain approval of the Court. Application for such approval shall be by petition, duly

sworn to, setting forth:

(1) That the applicant is of good moral character, is a citizen of the Commonwealth of Virginia,

and residing within the boundaries of the Eastern District of Virginia.

(2) His or her full name, business and home address, marital status, and the nature of any business

conducted by such person.

(3) Whether he or she is licensed in Virginia and/or any of the cities or counties of Virginia to act

as a professional bondsman and, if so, where and whether such person has qualified in any of the

Courts of Virginia to so act.

(4) Statement (signed by the owners) of assets (including both real estate and personal estate) and

liabilities, and as to real estate, its description, location, how titled, and any encumbrances

thereon. If a partnership is involved, a statement of the assets of both the partnership and the

individual parties must be included, signed by owners of the assets. Assets owned by third parties

or jointly with parties who are not partners will not be considered.

(5) A list of any and all bonds on which such person is the surety, the nature of the bond, and

where lodged.

(6) That such person will quarter-annually file with the Court a list of all bonds upon which he or

she is surety, whether any bonds are in default, whether any action on such bond has been

instituted, and whether there are any unpaid judgments against such person.

(7) A certificate from a court of record, or the Chief of Police of the home city or town, or of two

other responsible citizens, that such person is of good moral character.

(8) A list of any and all criminal convictions, except traffic violations, and whether there are any

pending indictments or warrants against such person.

(9) If the information provided under paragraph (4) above reveals a total net worth of at least

$200,000.00, and the applicant is otherwise satisfactory, an order may be entered permitting the

applicant to act until further order of the Court. Should at any time the total net worth stated in

paragraph (4) fall below $200,000.00 as shown on any quarterly report, or the applicant have

more bonds outstanding than can be adequately covered, in the Court's opinion, by the net worth

shown, or the applicant fail to file on time any quarterly report, or if for any reason the Court

should deem the security offered by the applicant to be inadequate or outstanding bonds not

adequately secured, the Court may terminate the right of the applicant to act as surety on any

bond, without notice.