Pretrial Release and Bond for DUI Arrests in Virginia
Pretrial release is synonymous with being admitted to bail. This simply means that a person is going to be free while their case is pending. When a person is arrested, the magistrate is the first level of the judicial official who is going to make a determination about whether a person is going to be released or not and whether or not they are going to have to post a bond.
If the magistrate requires a bond that is too high or if the magistrate makes a determination that a person should be held without bail, then the Virginia DUI attorney’s role is going to be to file a bond motion with the court hearing the case to either ask for a reduction in the bond amount or to ask that the person be given a reasonable bond in the first place.
Once you have been released from a DUI arrest you need to contact an experienced Virginia DUI lawyer to help defend your case against the court.
If a person is not compliant with pretrial release then they can potentially find themself back in jail. Pretrial release is a general concept that covers a couple of things. In some cases, a person may be assigned to a supervised release program, which, essentially, is a probation and monitoring that happens pretrial.
If the person does not comply with the terms and conditions of their pretrial supervision, then the probation office will notify the court and, in many cases, the person’s bond will be revoked and they will be put back in jail.
The other general area that the concept covers is any conditions that are placed on the bond. Even if the person is not placed in a supervised release program, the court can nevertheless set conditions that a person must follow as part of their bond. If they do not follow those conditions or they break those conditions, for example, by picking up another charge, the court has the ability to, again, revoke bond in that case.
There are a number of documents that a person typically receives at the time before they are released from jail. First, they are going to receive any warrants that they have been served with. These would be arrest instruments, which tell the person what they are charged with.
If a person has been released on either bond or a recognizance, they will receive paperwork that shows them their charges, the conditions that they are released under, and when they must appear in court.
In addition that on a DUI, they will have received a copy of the certificate of analysis if a breath test was done and may also have some other various paperwork from the jail including an inventory of the items that they had when they came to the jail with something certifying that they received them back when they were processed out.
Hiring an Attorney
It’s important to hire an experienced Virginia attorney right after an arrest because once a person has been arrested and a court date has been set, there is a clock that is ticking during which, a number of important things have to be done.
There is a finite amount of preparation time before they go to trial. There are a number of important things that the attorney will need to do for the person in the case to help build the best defense possible. The sooner they get working on it, the more advantages it will be to the person.
In addition to that, there are a number of proactive steps that the defendant themselves can take. There are a number of forms of mitigation, which may, in the proper case, help and an attorney can detail them and assist the person in beginning with them. The sooner, the better in terms of hiring counsel on this serious case.