A bond is the opportunity to be released from jail after arrest while you await your court date. It is important to hire an Alexandria attorney immediately after being arrested for a DUI, because the sooner an attorney is hired, the sooner they will be able to be released on bond.
If you do not have a criminal defense attorney, the bond process will take longer. Without a DUI attorney, you could end up waiting a significant amount of time in jail for your release.
After somebody is arrested, the Magistrate can have either a secured or unsecured bond issued. The type of bond issued depends on the person’s criminal history and risk factors.
The Magistrate can issue a personal recognizance bond, or an unsecured bond, for a person that does not have any criminal history and is not a danger to the community. The person is allowed to be released from jail by posting money or by promising in writing to appear in court.
If the person arrested does have a criminal history, is on probation, or seems as though they are a risk based on the facts of their case, the Magistrate might hold them on a secured bond or no bond. In that case, an Alexandria attorney can file a Bond Motion to be heard by a judge. This is a motion asking the judge to release the individual on a bond or to modify the existing bond order. The attorney can argue that the person is not a flight risk, not a danger to the community, and not at the risk of re-offending.
Pretrial release could be subject to an amount of money to pay, either secure or unsecured bond, or subject to pretrial supervision. Pretrial supervision is a court program where the individual must check in with a person who keeps the court updated that they are complying with all the conditions ordered by the judge. The judge will assign certain conditions to ensure that the person out on bail is not a danger to the community, and that they will appear in court.
If somebody does not comply with the pre-trial release conditions, their bond is revoked and they will be rearrested and held until trial. They will have to remain in jail and will not be able to await their trial out of jail.
Bond can be posted in Alexandria by having a bail bondsman go to the Magistrate’s office in the jail and pay a certain amount of money to the court to facilitate the release . The individual would be released upon the receipt of the bond amount.
An individual’s family or friends can also post money. They pay the money directly to the magistrate’s office and the person is released based on the payment of that money.
The bond amount is determined by many things: the seriousness of the crime, the facts of the crime, the criminal history of the individual, whether there were victims in the case and what the impact on the victims has been, and whether the individual has failed to appear in court before. There are many different factors at play, but the severity of the alleged crime and the facts of the case are the most the important deciding factors.
Documents received when a person is released from jail include the bond information, and pretrial supervision or pretrial court services that the person needs to report to. The bond information includes the bond amount and acknowledgment of the conditions and terms of their bond.
Hiring a DUI lawyer in Alexandria is important, because getting a bond in front of a judge will happen more quickly with an attorney. An attorney will be able to gather the necessary information, such as confirmation from your employer to continue working, if that is going to be a condition. An attorney will help you make ties with the community, bring your family, and facilitate a quick release while awaiting your court date.
Do not send us confidential information related to you or your company until you speak with one of our attorneys and get authorization to send that information to us.