Pretrial Release and Bond for a DUI in Prince William County

When a person is arrested on suspicion of committing a crime, they are released into the community on bond while the trial is pending. Obtaining a bond means the person does not have to sit in jail and wait for their case to come up for trial – it is essentially a promise to appear in court. Once they are released on bond, all they have to do is show up in court and face the charges that are levied against them.

An experienced DUI attorney could further explain how pretrial release and bond might play into your DUI charge in Prince William County.

How is the Bond Amount Determined?

Once a person in Prince William County is arrested for a DUI, they are taken before a judicial officer called a magistrate. The magistrate will examine the facts in the case and the person’s previous criminal history, if they have any, and determine if bond is appropriate. If the magistrate determines that the person is not a risk of flight and not a risk to the community, the person will be released on bond. It will often be a signature bond, which means they sign a document promising to appear in court, as opposed to having to pay money to get out of jail.

If the magistrate determines that bond is not appropriate or sets a bond amount that is too high for the defendant to make, they always have the opportunity to file a Bond Reduction Motion asking the judge to set a reasonable bond.

Posting Bond in Prince William County

Posting bond depends entirely upon the person who is given the bond. Under the laws of Virginia, a person does not necessarily have to post the full amount. They can hire a person to do that for them, called a bondsman, who will take a percentage of it as their fee, which is set by law at 10 percent. The bondsman will pay the remaining 90 percent of the money to the court. After the case is over, they will get all of that money back.

For example, if they have a $5,000 bond set and they cannot afford that to get out of jail, they would contact a bondsman who would post the $5,000 for them in exchange for a 10% fee (in this case, $500). The person would pay the bondsman $500 and they would be released from jail. After the case is over and the bond is released by the court, the bondsman can get the entire $5,000 back and keep it.

Pretrial Release

If it does not seem likely that a defendant will be granted bond, an attorney might suggest that a reasonable alternative to just letting the person out on bond with no supervision would be to have them supervised by Pretrial Services. This is an entity/agent of the court that will place certain conditions on the person that they are required to meet.

These conditions are usually random alcohol and drug testing, or might mean a requirement to engage in substance abuse evaluation and treatment. It is a way for the court to have eyes on the person while they are waiting for their trial if they are considered potentially dangerous and a risk for re-offense.

Complying with Pretrial Release

When a person does not comply with their bond provisions when released from jail, Pretrial Services will notify the court that the individual has not complied with the conditions or terms of their bond. The court will schedule a hearing and the individual will be at risk of losing their pretrial release status, which means their bond could be revoked. If this happens, they will be returned to jail awaiting trial. If a person is released on bond (Pretrial Services), they must comply with all the conditions of that bond because, if they fail to do so, they run the risk of having their bond revoked.

When a person is released from jail, they should receive all the charging documents against them, which would include the warrant. If they are released on Pretrial Services, they will also get documentation indicating what the terms and conditions of their release are and will be asked to sign a document outlining those terms and conditions. At that point, it will be assumed that they are aware of all the terms set forth and that failing to comply with those terms almost always results in a revocation of their bond.

Speak with a Prince William County Attorney About Pretrial Release and Bond for a DUI Charge

Being arrested for a crime does not mean you have to linger in jail until your trial occurs. You have options for pretrial release and bond for a DUI in Prince William County. Contact an attorney and learn how you could take advantage of this in order to secure your freedom.