Decisions regarding bond conditions made by Virginia magistrates are reviewable by Virginia judges. Magistrates have access to very little information when making the initial decision whether to hold someone in jail or set conditions of release. However, at a bond hearing a court will have access to far more information than the magistrate had to consider, so it makes sense that a court can make an independent determination and set conditions of release even though the magistrate held the person without bond.
Any Virginia DUI / DWI and Criminal Defense Lawyer should know how to file the proper motions with the court to get this matter on the court's docket for a Bond Hearing. During the Bond Hearing your Virginia Criminal Defense Lawyer will try to persuade the judge to overrule the magistrate's decision and either allow release on certain conditions (if you were held without bond) or amend the conditions of release so that you can meet them and be released. The prosecuting attorney is usually present for these bond hearings and will try to persuade the judge to do whatever the prosecuting attorney believes is best.
If you have questions, call The Wilson Law Firm at 703-361-6100 or 540-347-4944 and a knowledgeable, experienced and successful Virginia Criminal Defense Lawyer will be happy to discuss pre-trial confinement, bond hearings and other matters relating to criminal cases in Virginia with you in more detail.