While a DUI arrest can be a jarring experience, it is important that individuals are informed of what comes next. Following the arrest, an individual may have the option of being released before trial. The pre-trial release would allow the accused to stay at home rather than in jail until their trial. If you have been arrested for DUI and want to pursue a Fredericksburg DUI pre-trial release, contact a local DUI lawyer, who can get the process started.
Bond is governed by the Code of Virginia which applies in Fredericksburg as in everywhere else in the Commonwealth. The Code of Virginia, notably Virginia Code Section 19.2-120, talks about bond conditions and what reasonable conditions for bond are.
Bond is the pre-trial release of someone who is accused of a criminal offense instead of being held in the local jail until after they are arrested and until their court date, they are agreeing to the bond. Sometimes, the bond is secured. Sometimes, it is unsecured. The purpose of bond is to make sure a person appears in court at the scheduled date and time without incurring new criminal offenses.
The bond amount is determined through a variety of factors. Typically, a bond amount for a DUI arrest in Fredericksburg is determined by a magistrate after consulting with the arresting officer. A person who is accused of DUI is taken before a magistrate after they have reached a level of sobriety then a magistrate advises them of the charges that are being placed against them.
The magistrate may ask certain questions like address, employment, criminal history, as well as social factors to determine whether or not the person is a good candidate for bond. Then the magistrate determines what the bond should be.
The bond could be a certain amount of money, meaning the person may have to post the full amount of cash or to hire a bondsman to post a percentage of the amount. This is a secured bond. The bond is secured via cash or corporate surety. A magistrate may also issue an unsecured bond. An unsecured bond, also known as a personal recognizance bond, means a person is released upon their promise to appear in court. Essentially, there are signatures of their bond and a magistrate views them as a low-risk to not appear.
Bond is a privilege that allows a person to remain at liberty until their case is heard. If they do not comply with the Fredericksburg DUI pre-trial release, they face the possibility of having their bond revoked. If a person’s bond is revoked, they must wait in jail until their case is heard. There are a variety of reasons why an individual does not want to violate their Fredericksburg DUI pre-trial release as well as the simple fact that being at liberty is always better than not being at liberty.
Typically, when an individual is released from jail, they receive other copy or receive a small packet of documents. These documents will include the warrant of arrest, the criminal complaint, perhaps a summon if they are issued a traffic citation, a list of their property, a list of the tow sheet regarding the towing of their vehicle if applicable as well as a sheet that lists the terms of recognizance.
Recognizance refers to what an individual’s bond conditions are. The recognizance can indicate whether or not their bond is secured or unsecured or if there is a bond and what the amount is. Recognizance, therefore, can tell an individual when an individual’s court date is or if they are required to appear, at what time, what location, and if an individual has any specific pre-trial conditions that they must meet. Some individuals, when posting a bond, are required not to leave the Commonwealth of Virginia. The person may or may not live in the Commonwealth, but it may still be required. If an individual fails to meet the terms of recognizance, the bond may be revoked and they may have to wait in jail until their case is adjudicated.
If you face DUI charges, contact a determined attorney who will advocate for you. An experienced DUI lawyer can help walk you through the Fredericksburg DUI pre-trial release process and, will be able to help you get your affairs in order following your release. Furthermore, an attorney will be able to defend you in court and build a strong defense.
Northern Virginia Criminal Defense Group
