For most DUI cases in Loudoun County without severe aggravating circumstances such as harm to other individuals, prior convictions, or a history of substance abuse, individuals will be released from jail either on their own recognizance or with a secured bond. When determining potential release for an accused individual, the magistrate will investigate any aggravating factors or risks, and may set several conditions on that pretrial release. If you have been arrested, there may be pretrial release conditions for your Leesburg DUI, and a seasoned DUI lawyer may be able to clarify the court stipulations and how they will affect your freedom.
A bond for release is a privilege, and not a right. If the court believes that a defendant is a flight risk, a risk to the community’s safety or their own, or may potentially re-offend, a judge may simply remand the individual to a county correctional facility until their trial. While the constitution guarantees a right to a speedy and public trial, the time between arrest may realistically last months.
If there are any concerns whatsoever about a defendant showing up for the trial or reoffending, a magistrate may place pretrial release conditions on an individual such as geographic restrictions, required sobriety, or mandatory check-ins with law enforcement. If a defendant was only released from jail under these conditions, it means that any violation of those conditions could see them returned to jail or charged with additional crimes and penalties.
Being free before a trial may allow an individual to better take care of their family, continue to work and make money, receive treatment for addiction, and other benefits. Incarceration is not the desired outcome for anybody, and even if the state cannot prove their case and an individual is declared not guilty, they may still have spent a significant amount of time in jail simply waiting for trial. Pretrial release, conditional or not, can be very beneficial, and a violation of any pretrial release conditions for Leesburg DUIs will guarantee a time of incarceration regardless of actual case’s outcome.
When being released from an Adult Detention Center in Loudoun County, every individual will receive the same series of documents with important information. Documents received will include:
Regarding pretrial release conditions, the most important document will be labeled “recognizance” at the top. That page will document the next court date and other trial obligations. On the back of that same page there will be information detailing the type of bond a person has been released on (secured or unsecured) and what conditions they are required to meet with their activity before trial. A seasoned criminal defense attorney could help a defendant understand the parameters of their pretrial release and ensure that those conditions are not broken, consequently forfeiting the defendant’s pretrial freedom.
It is essential to consult a lawyer as soon as you are arrested for a DUI charge. A lawyer could help arrange your release on bond, whether secured or not, and explain any pretrial release conditions to you. Breaking any of the magistrate ordered release conditions could see you awaiting trial in jail, potentially for months. Pretrial release conditions for Leesburg DUIs can be confusing, but a criminal defense lawyer may be able to help you navigate court stipulations. Call now for help with your case.
Northern Virginia Criminal Defense Group
