Bond for DUI Arrests in Virginia
A bond for DUI arrests in Virginia is a financial instrument or can simply be, in some cases, money or property, which has to be posted with the court in order for the accused to be released. When one talks about a person getting bond, what they mean is that the court has required that some amount of money, property, or other surety has been posted with the court prior to the release taking place.
An experienced DUI attorney can help clients build a proper defense when the time comes. If the person does not appear at their court date, then that money or property may be forfeited. The requirement is an incentive to individuals to appear at their court date.
Determining a Bond Amount
The amount of bond for DUI arrests in Virginia is going to be determined based on a number of factors. In general, when considering whether a person will be admitted to bail on the condition that they post bond, the court is looking at whether they believe the person to be a danger to themselves or others, and whether they are a flight risk.
The greater that the court decides that either of those dangers are, the larger the bond amount is likely to be. There are some other factors as well which can affect the size of the bond imposed.
The more extensive the existing criminal record of the accused, the higher the bond is likely to be. If a person does not live in the area, that again will tend to make a bond be slightly higher.
Making a Bond Payment
There are several ways that bond for DUI arrests in Virginia can be posted. The person could simply post cash in the amount that is set forth by the court. If a person prefers not to pay in cash, they have the option to pledge property that is worth at least as much as the amount of the bond.
Typically, bond is posted through the use of a bail bondsman and with the help of a DUI attorney. A bail bondsman enters into an agreement with the defendant whereby the defendant pays them a fee, typically about 10 percent of the bond amount, in order to post the full bond amount with the court.
Role of a Bondsman
The bondsman has a financial interest in the defendant appearing to court. As a result, under Virginia law, a bondsman is empowered to physically bring a person to court if they do not show up or if they skip bond. The bondsman posts the bond with the court, which is actually not the entire amount of money but rather a promise to pay it. Once that is posted, the person can be released.
How an Attorney Can Help
Bond for DUI arrests in Virginia can be somewhat overwhelming for someone who is facing charges for the first time. Even subsequent offenders have questions about the details, and an experienced defense attorney can help clarify any questions.
The most important thing to know when it comes to bond for DUI arrests in Virginia is even though the court may set a bond of thousands of dollars, that is not the amount that the person is actually going to have to pay.
Anyone who has been charged should also know that if they decide to post that amount in cash to the court directly to save themselves the bondsman’s fee, then as long as they come to all of their court dates that money will be returned to them at the end of the case regardless of what the outcome is.