After an arrest, a defendant will be arraigned where they will be informed of their rights, and the judge may allow them to be released on bond, or held in jail without bond or any release before trial. A bond is a form of collateral offered by the accused against their good behavior, restraint from committing more crimes, and as a promise to appear in court for trial.
In a DUI case, there are different types of bond scenarios that may occur, depending on the number of prior offenses, the individual facts in the person’s case, and their history. You may be allowed to post bail immediately after booking, or you may need to wait for a bond hearing the next time court is in session depending on the location and time.
If you have been arrested for a DUI in Leesburg Virginia, there is a good chance you may be released on bond before your trial. As soon after your arrest as you are able, you should contact an experienced Leesburg DUI lawyer. An attorney could help guide you through the pretrial process and even connect you to a bail bondsman if a judge posts a monetary requirement for your freedom.
In many cases, a bond could be given on personal recognizance, meaning that the accused simply signs a paper saying they understand there are penalties if they do not appear. In other cases, a judge may require monetary collateral to be posted for the accused’s freedom. A judge may not permit a bond at all depending on a person’s criminal background, flight risk, or perceived danger to the community.
In cases where monetary bail bond is issued, the bond amount in Leesburg DUI cases is determined by a magistrate in Loudoun County. A magistrate hears all the factors in a case and about the accused. They will investigate many aspects of that individual to determine how risky it is to release that individual. Factors to be examined include:
After analyzing these factors, a judge will set a bail cost they consider appropriate for the risk of their not appearing. The goal of a monetary bond is to secure adequate collateral to incentivize the accused to appear in court.
If a judge determines that a secured monetary bond is required, the accused and their family must find a way to post that monetary collateral, or the defendant will remain incarcerated until trial. A person can post bond on their own, or with the help of a private bondsman.
If a person has the financial resources to do so, posting the entirety of the bond is likely the best option. They must post the entirety of the required bond to the state, and then they will be freed. After they appear in court or at the conclusion of the legal process, the state will return the bond money. An amount may be deducted from the bond for any fines or damages assessed by the court. If a person cannot afford to post the entirety of their bail to the state personally, they may need the help of a bail bondsman.
If a person cannot afford the bond in their Leesburg DUI case individually but they still wish to be freed on bail, they may hire a bail bondsman to post the bail for them. Bondsmen are private lenders that will post the full amount of bail to allow the state to release the accused for a fee. Bondsmen in the Commonwealth of Virginia generally charge around ten percent of the total bond as a fee.
Unlike posting the whole bond personally, the ten percent fee will not be returned after a case, instead it will be kept by the bondsman as payment for posting the whole bail during the case. If a defendant fails to appear for court, attempts to flee, or fails to meet a condition of their bond (from either the court or the bondsman), the bondsman may send out a private agent to capture the defendant. This is in addition to any criminal arrest warrants issued for failing to appear in court from the state.
A magistrate may set pretrial conditions on your release, even with bond. This may include various levels of supervision, required check-ins with law enforcement, mandatory substance abuse programs or sobriety, and other conditions to maintain eligibility for freedom. Any deviation from these conditions could lead to reincarceration. Generally, pretrial conditions are only set when there are aggravating factors to the charge.
For most first offense DUI charges, monetary bond (if any is required) is not exorbitant. If you have been arrested for a DUI, a lawyer could help you with your defense, or in posting a secured bond. If you cannot pay your bond individually, an attorney may know a bondsman that could help. Call a lawyer today for more information about bonds in Leesburg DUI cases.
Patrick Woolley Attorney At Law