Q:

If I am arrested by police and taken into custody for a criminal offense in Virginia, do I have to stay in jail until my trial or can I get released before trial?

A: The simple answer is maybe.  You may be able to be released from custody in Virginia in advance of your trial date or you may be required to remain in jail until the conclusion of your Virginia criminal case.  Initially, the magistrate will make a determination as to whether you are eligible for release, and if so, on what conditions.  

If the Virginia magistrate decides that you should remain incarcerated until your trial date, your Virginia Criminal Defense Lawyer can file a motion (lawyer word for "request") with the court asking the court to have a hearing (commonly called a Bond Hearing) and review that decision.  At the Bond Hearing, your Virginia Criminal Defense Lawyer will attempt to persuade the court to allow you to be released and/or to change the conditions of release set by the magistrate.  The prosecuting attorney is generally present and will argue for whatever position he/she believes is in the best interest of the government.  At the conclusion of the Bond Hearing, the court will announce a ruling (decision) regarding whether the conditions of release are changed, and if so, what the new conditions are.

The knowledgeable, experienced and successful Virginia Criminal Defense Lawyers of The Wilson Law Firm can discuss pre-trial detention, Bond Hearings and other matters relating to criminal cases in Virginia with you in more detail.       

The Wilson Law Firm
DUI, Criminal & Traffic Defense ...When Results Matter

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The lawyers of The Wilson Law Firm have traveled Virginia’s several interstates helping clients just like you - appearing in courts all across the Commonwealth of Virgnia - from Virginia Beach and Norfolk in the southeast, to Wise County in the southwest, all the way up I-81 to Frederick County / Winchester in the northwest, and all the way across Warren County, Fauquier County, Prince William County, and Fairfax County on the way to Arlington County and the City of Alexandria in the northeast. The Wilson Law Firm regularly serves Prince William County, the cities of Manassas and Manassas Park, the towns of Haymarket and Quantico, Fauquier County / Warrenton, Stafford County, Spotsylvania County / Fredericksburg, Loudoun County / Leesburg, Fairfax City, Fairfax County, Arlington County, the City of Alexandria, Culpeper County, Warren County / Front Royal, Clark County / Berryville and Shenandoah County.