If a family member or a loved one has been arrested for a crime, the normal procedure under Virginia state law is to schedule a hearing where the magistrate will set an amount for bail. If you can pay that amount, your family member will be released from custody. Provided that nothing goes wrong with appearing at the next court date, you will receive your money back.
You are essentially making a deposit to assure the judge that your family member will not flee in order to escape prosecution. When someone you love is being held in jail, you are probably willing to pay as much as necessary to secure a release.
For certain crimes, the law in our state makes a presumption against bond. This means that suspects who have been arrested for violent crimes such as assault, serious drug offenses, and crimes that carry heavy penalties will usually not be eligible for bail. This is often largely at the discretion of the judge, who will look at two major factors in the case:
If it appears that the defendant is likely to run away in order to escape the jurisdiction and the likelihood of a conviction, the judge is less likely to set bail. This is also the case if it is probable that a release will lead to a repeat criminal offense.
An experienced criminal defense attorney can argue to get your loved one released, focusing on such issues as a lack of a prior criminal record, strong community ties, and employment obligations. If successful, the judge will decide to set bail and you can get your family member out of jail.
You can get real help for your family at the offices of JRLaw. With a loved one in jail, you may feel a combination of shock and frustration, and we will help you find clear answers and solutions.
The first objective in the case is minimizing the time spent in jail, and then we will consult with the defendant about the case and get started on a strategy for defeating the charges. Contact us today to discuss your rights and available options! Whether you are in Hampton Roads or a nearby area, our Virginia Beach criminal defense attorneys can help.