Why Would a DUI Bond Be So High?
Bond is usually high in subsequent DUIs, because of the Eighth Amendment. This provision requires reasonable bail in criminal cases. If the defendant has a criminal record and is charged with subsequent DUI, which is usually a felony, the “reasonable” amount is higher, due to the defendant’s criminal record and the severity of the charged offense. But you can’t judge a book by its cover and you can’t judge a defendant’s likelihood to appear at trial based on only two factors. More on that below.
Prompt jail release in DUI matters unlocks a number of options for a Leesburg criminal defense lawyer. Many defenses, especially procedural defenses, take time to develop. When defendants are in jail, they often don’t want to wait for these defenses to develop. Since a Leesburg criminal defense lawyer cannot make a meaningful counter-offer, they must accept whatever terms the prosecutor dictates. That’s not a good scene.
Initial Amount
Usually, when officers bring suspects to jail, county sheriffs set presumptive bail amounts, based on the defendant’s criminal history and the severity of the offense. This limited foundation often leads to high bail amounts in a DUI, especially in subsequent DUI cases, as mentioned above.
Furthermore, bail conditions are usually very harsh at this stage. In addition to paying money, defendant must abide by a number of conditions, such as:
- Avoiding further legal trouble,
- Staying current on alimony and child support payments,
- Reporting to a supervision officer,
- Working and/or attending school full time,
- Remaining in the county, and
- Attending all required pretrial hearings.
Additionally, DUI bail usually includes offense specific conditions, such as an ignition interlock device in a vehicle.
An IID is a portable breathalyzer that’s attached to the vehicle’s ignition. If the driver’s BAC is above a certain level, usually .04, the vehicle won’t start or restart.
Conditions like IID placement may run afoul of another provision in the Eighth Amendment (prohibition of cruel and unusual punishment). An IID prevents people from driving even though they aren’t legally intoxicated.
Leesburg Criminal Defense Lawyers and Bond Reduction
Under Virginia law, most prisoners must be arraigned (formally informed of the charges against them) within seventy-two hours of arrest. At this hearing, a Leesburg criminal defense lawyer can ask a judge to reconsider bail amount and/or conditions.
Favorable reconsiderations are very common, partially because the judge must consider a number of factors aside from the two mentioned above, such as the defendant’s ability to pay and ties to the community.
Bail disputes often settle out of court. For example, prosecutors may agree to ease supervision conditions if the defendant pays additional security.
Many judges also reconsider bail after defendants have been out on bond for several months. If the defendant hasn’t violated any conditions, some judges even place defendants on unsupervised bail. So, they must only show up in court.
Connect With a Tough-Minded Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. We routinely handle matters throughout Maryland and Virginia.
