In most misdemeanor DUI cases, a person is going to be released on bond prior to their trial. This means that the individual will be free until the trial, and will remain that way unless they are incarcerated as the consequence of conviction.
In a felony DUI case, on the other hand, people are often held without bail or without bond, initially by the magistrate. The DUI lawyer’s role in these cases is going to be to assist the individual in getting a bond, so that they can be free during the pendency of their case.
The amount of bond an individual will be held on in an Alexandria DUI arrest is determined by the judge in reference to a number of things. Usually, a judge is going to look at whether the individual has any prior convictions. In the case of a felony DUI, there are going to be prior convictions because third offense DUIs in Virginia are classified as felonies.
They are also going to look at whether the person has a record outside of that DUI offense. They are going to look at whether the person has ever failed to appear, and consider things like ties to the community, and whether the person is either a flight risk or whether they pose a danger to themselves or others.
If a person does not comply with the terms of their pre-trial release or the terms of their bond in an Alexandria DUI arrest, that can result in the bond being revoked. If bond is revoked then the person is going to be held in jail while they await trial. It is important that all of the conditions of bond and any requirements or conditions of pre-trial release be complied with.
There are a number of ways that bond can be posted following an arrest. The most frequent way that bond is posted is by a bail bondsman. The bail bondsman can post the bond in exchange for a fee, and once that has happened, the individual can be released.
However, a person can also post a bond in cash, or pledge a property as a bond. For example, a person could pledge the real estate that they own as a bond in their case. If they were to not come to court, then that property can be forfeit and that is a fairly unusual way of doing things but it is a possibility.
When a person is released from jail, they are going to receive any primary documents that are important in the case. These include the warrants that the individual was charged with, and a copy of their recognizance or bond. If it is a breath DUI, the individual will receive a copy of those results. Further, there are other miscellaneous documents that an individual may receive such as the inventory of items in their possession when they were arrested.
It is important to hire an Alexandria DUI attorney as soon as an individual has been released from jail because there are important proactive steps that they can be taking as soon as the case begins. There are also common mistakes that people make that can be avoided by getting in touch with a lawyer right away. An attorney will help an individual know what to expect, and instruct their client on what they should and should not do.
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