Pretrial Release and Bond in Hampton Roads DUI Arrests
As defined by Hampton Roads law, a bond is an agreement that allows people who may be charged with an offense to be out of custody while the case is pending within the courts. The terms bond and bail are interchangeable and could be used to describe this process.
Pretrial release and bond in Hampton Roads DUI arrests may be a confusing topic to take on if you have found yourself in a particular predicament requiring bail. Contact a skilled DUI attorney that could help explain this process and potentially help in this stressful time.
Determining Bond Amount
The bond or the bail amount could be determined in a couple of ways. A person could go in front of either a judge or a magistrate. A magistrate could review the case and determine whether or not bond is appropriate. If someone is not granted bond by a magistrate, the judge may have an opportunity to grant bond either at someone’s arraignment or at a bond hearing.
It could also be determined by agreement between the prosecutor and the defense attorney. If both sides agree to a number, the judge could have the opportunity to object, but if both sides agree on a bond, the judge may approve it.
How to Post Bail
Bond could be posted either by money or property, generally with the help of a bondsman. With most bondsman, if someone puts up 10% of the bond amount, the bondsman may be able to post the rest.
After posting bail, if the defendant does not appear for court, then the bail bondsmen may take action and search for them. The bail bondsmen money that was posted could be forfeited to the state if the defendant does not appear for trial.
Documents Received When Released From Jail
The documents that may be received when a person is released from jail could include:
- Copy of charging documents
- Warrant
- Summons
- Admission to bail form, including terms and conditions of a person’s bail
- Upcoming court dates
- Copies of an individual’s breath tests
Defining Pretrial Release in Hampton Roads DUI Cases
Pretrial release is when an individual is allowed to leave jail or they are not kept in jail while the case is being heard. Some jurisdictions have a pretrial supervision program with a probation officer who could they meet and check in with while their case is going on.
This could be helpful for individuals that may not be native to the area, or if a judge is hesitant to grant bond. A pretrial release program could potentially help convince the judge to let an individual out while on bond. Pretrial release and bond in Hampton Roads DUI arrests could be a delicate situation and an experienced attorney could help navigate this situation.
Refusal to Comply with Pretrial Release
The implications of not complying with pretrial release and bond in Hampton Roads DUI arrests or any of the terms set by either the magistrate or the judge may include the bail being revoked and bond re-issued. This could result in the bond being revoked entirely and a person being sent to prison.
Role of a Hampton Roads DUI Attorney
The role that a DUI lawyer plays in pretrial release and bond in Hampton Roads DUI arrests could include setting a bond hearing and presenting strong evidence to prove the need for immediate release.
It may be important for you to seek the advice of a seasoned Hampton Roads DUI attorney immediately after having been arrested for an alleged DUI. The sooner you could start working with an attorney, the sooner, you could discuss your options. Contact a Hampton Roads criminal attorney today for a free consultation.
