Whether an accused is held in jail or released pending trial in a Virginia DUI / DWI or other Criminal case depends on many factors, including the facts and circumstances of the particular case, any criminal record of the accused, whether there is a statutory presumption against granting bond, how far away the trial date will be scheduled and of course, the particular lawyer representing the accused. The lawyer you choose can be the difference in the outcome of your case.
In Virginia, the decision whether or not to release an accused from custody pending trial is initially made by a magistrate. The magistrate will consider many things in an attempt to determine the degree to which the person presents a risk to the public and a risk of flight, and will then make a decision to hold the accused in jail or release the accused on certian conditions.
However, even if the magistrate decides to hold the accused in jail at that time, a Virginia DUI / DWI & Criminal Defense Lawyer can file a motion (the lawyer word for "request") with the Court asking the Court to hold a hearing (commonly referred to as a Bond Hearing) to review the matter and make an independent decision. At that hearing, the Virginia DUI / DWI Criminal Defense Lawyer will present evidence and arguments designed to persuade the Court that the accused is not an unreasonable risk to the public or of flight so a bond should be granted. The prosecuting attorney is generally present at these bond hearings and will argue for whatever position he/she believes is in the best interest of the government and the public. In some cases, the Virginia DUI / DWI & Criminal Defense Lawyer and the prosecuting attorney can reach an agreement regarding an appropriate bond, and when that happens the Court will often times sign off on that agreement. At the conclusion of the Bond Hearing, the court will announce a ruling (decision) regarding whether the accused can be released from incarceration pending trial, and if so, on what conditions.
If you have questions about pre-trial detention, bond hearings or some other matter relating to Virginia DUI / DWI, Criminal & Traffic Defense, call The Wilson Law Firm now at 703-361-6100 or 540-347-4944 and a knowledgeable, experienced and successful Virginia Criminal Defense Lawyer will be happy to discuss these matters with you in more detail.