Bail Hearings in Virginia

Bail Hearing Attorney Virginia You Have a Right to Bail in Virginia

If you or a loved one has been arrested for a crime in Virginia, you have a right to be bailed out of jail. Every defendant is innocent until proven guilty, and therefore deserves the opportunity to be released from jail in order to prepare his or her criminal defense. In Virginia, there is a statutory presumption under §19.2-120 that every defendant be admitted bail (with several exceptions).

However, no matter what, every defendant deserves the opportunity for a bail hearing. Talk to an experienced Virginia Bail Attorney at BC LAW today to get your Free Consultation.

Presumptions Against Bail

There are several exceptions listed in the bail statute which may prevent the defendant from getting bail. However, even if you fit into one of the presumptions against bail, that presumption can be overcome. To rebut the presumption, the defendant needs to demonstrate that there is a condition of release that will reasonably assure the appearance of the person as required and the safety of the public, giving due consideration to the following factors:

  1. The nature and circumstances of the offense charged.
  2. The history and characteristics of the person, including his character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, membership in a criminal street gang as defined in § 18.2-46.1, and record concerning appearance at court proceedings; and
  3. The nature and seriousness of the danger to any person or the community that would be posed by the person’s release.

What are the types of Bail in Virginia?

If a judge admits the defendant to bail, there are a couple ways the judge could do it. In some cases, if the defendant does not have a criminal background and does not fall into any of the exceptions discussed above, the judge may allow the defendant to get out of jail on his or her “Personal Recognizance” All this means is that the defendant agrees to show up on the day of his or her trial. The defendant is not required to pay any money. This is the simplest way to get bail in Virginia, but is pretty rare.

The rest of the time, the judge will allow the defendant bail, but only based on an “Unsecured Bond” or a “Secured Bond”.

An “Unsecured Bond” means that the judge will allow the defendant to get out of jail, but only on the condition that he or she either returns to court the day of the trial or else pay a certain amount of money. If the defendant comes to court at the right time and place, the defendant does not have to pay any money.

A “Secured Bond” means that the judge will allow the defendant to get out of jail, but only if the defendant puts a certain amount of money into the court to guarantee his or her return on the date of trial. Usually the judge sets a fairly high amount of money for this, and the numbers can range anywhere from $1,000 to $10,000 or even higher depending on the severity of the charges. The defendant gets this money back if he or she returns to court for the trial date.  Most people, after their Attorney gets them a secured bond, then must then use a Virginia Bail Bondsman to actually post the bond and have them released.

What do I do if I get a Secured Bond?

Usually, if the judge orders your release based on a Secured Bond, you will probably not be able to afford the amount the judge sets. This is where a Bail Bondsman comes in. A Bail Bondsman will pay the amount into court determined by the judge, but at a 10% fee to you. For instance, if your judge has set a $10,000 secured bond, you will pay your bondsman $1,000, the bondsman will pay $10,000 to the court, and you will be released. If you don’t show up for court though, your bondsman will be on the hook for the full $10,000 and will likely send a Bounty Hunter to come looking for you. You don’t want that to happen.

How do I get a Bail Hearing?

If you or your loved one is in jail right now and has not had a Bail Hearing set, call BC LAW right now to get it set up today. Under Virginia Code 19.2-158, you have the right for a judge to consider your bail at your arraignment, which must occur within three calendar days of your arrest. So call an experienced Virginia Bond Hearing Attorney today for a Free Consultation so we can get started as soon as possible.

Call BC LAW now for your Free Consultation
(757) 610-9555

 

Hampton Overheight Commercial Truck Attorney

Overheight Commercial Vehicle Ticket in Hampton, Virginia

truck ticketsThe Westbound side of the Hampton Roads Bridge-Tunnel uses height measurement systems.  They’re trying to protect the tunnel, which is a pretty tight fit. The maximum height of any vehicle  in Virginia without a special permit is 13 Feet, 6 inches. This is mostly enforced at the westbound entrance to the Hampton Roads Bridge Tunnel. If  you got a ticket for driving an overheight truck, we can help.

We know your time is money. As a professional driver, if you’re not on the road, you’re not making money. We can work with you  over the phone or email to get  your ticket handled. If you prefer to meet in person, we are happy to.  We offer free telephone or in-person consultations for professional drivers. Call right now: 757-610-9564

Drivers cited with an overheight violation normally must appear in the Hampton General District Court. This traffic infraction is considered a ‘moving violation’ for insurance purposes. It has a mandatory minimum fine of at least $1,000. It also has three demerit points on your CDL License. This can result in employment consequences and increased insurance rates in some cases.

Some employers cover the cost of hiring an Attorney to avoid the increased insurance rates that may come from a conviction on this. If this is the case for you, we will be happy to make the financial arrangements with your employer.

How Does A Lawyer Help with a Truck Driver’s Overheight Violation?

We defend overheight violations issued to Commercial Drivers at the Hampton Roads Bridge Tunnel. If you received a ticket at the tunnel, you were probably ‘flagged down’ and told to wait until an officer was available to measure your truck. In most cases, an officer then came and, using a measuring stick, measured in several places all around your truck. The officer may have discovered that the truck was higher than 13′ 6″ in a few places, or only in one place, and then issued you a summons for violating Virginia Code 46.2-1110.

The way we defend overheight violations depends on how your particular stop occurred, whether your truck set off any automated alarms or sensors, whether the officer followed the precise measurement standards developed by the Commonwealth of Virginia, the type and setup of the rig you were driving, and the specifics of where and how you normally drive. There are a number of highly technical defenses available, some involving expert witness testimony. We are experienced defending drivers on this charge.  Contact our firm for a free telephone consultation.

Will I Have to be In Court for my CDL Overheight Ticket?

Maybe.  In some cases, we can achieve a good outcome on an overheight ticket without you coming to court. In other cases, a good outcome is much more likely if our client is present in court. Whether you can avoid coming to court or not will depend on the facts of your specific case, and the strategy we use to defend you. As we work together on your case, your Attorney will keep you informed on whether your presence in court will be required. Of course, you are always welcome to be in court on your court date if you want to be.

Talk to a lawyer with experience handling Commercial Truck Overheight Tickets in Hampton and throughout the Hampton Roads communities of Virginia, call us today.

5 Reasons to Hire an Attorney for a VA Speeding Ticket

Speeding Ticket Defense AttorneyWhy Hire an Attorney for a Simple Speeding Ticket?

Speeding Tickets are not always as simple as they seem. If a Virginia police officer has issued you a Speeding Ticket, you might want to consider the benefits of hiring a Defense Attorney.  Here are the top 5 reasons to hire an attorney for a Speeding Ticket:

  1. You don’t want to lose your license. In Virginia, every time you are convicted of a Speeding Ticket, you receive either Three or Four Demerit Points depending on your speed. Under Virginia law, if you rack up too many Demerit Points, your driver’s license will be suspended for 90 days.
  2. You want to keep your clean record. Each time you are convicted of a Speeding Ticket, it stays on your driving record for the next five years. If you like your clean record, you don’t want a Speeding Ticket conviction.
  3. You want to keep your job. If you drive a car or truck for a living, you already know that your boss won’t be happy if you start racking up Speeding Tickets. In this job market, you don’t want to risk your living with a simple Speeding Ticket.
  4. You don’t want to pay 50% more in insurance rates. Every insurance company is different, but none of them like Speeding Ticket convictions. The more Tickets you have on your record, the more likely they are to see you as a liability. If you are convicted of a Speeding Ticket, your insurance rates could jump as high as 50% or more than what they are now.
  5. You don’t want your Speeding Ticket conviction to come back to bite you. This might be your first Speeding Ticket, and you are probably thinking it will be your last. But nobody is perfect, and Demerit Points remain valid for two years. If you simply prepay your Speeding Ticket now, you make it a whole lot less likely that a judge will take it easy on you if you are charged with another traffic violation in the future. Virginia is the 7th most ticketed state in the country. How sure are you that you won’t get pulled over for something else?

It’s time to put BC LAW to work for you

If you want to fight your Speeding Ticket to try and avoid the consequences that come with a conviction, you will need an experienced Traffic Attorney in your corner. We keep our schedule limited to best serve our clients, so if you want to know a little more about how we can help you with your Speeding Ticket, Contact BC LAW today before space runs out to set up your Free Consultation. 

Call BC LAW now for your Free Consultation
(757) 610-9555

 

Virginia Beach Drunk In Public Alcohol Defenses

Drunk in Public

A Drunk in Public Ticket Could Ruin Your Night, and Your Record

The Tidewater region is often filled with celebrating tourists and college students. Many of these celebrations involve alcohol, and for some, they sometimes do go south. Unfortunately, tourists, college students, and Hampton Roads residents alike can fall victim to a Drunk in Public /Public Intoxication or Underage Possession, Purchase, or Consumption of Alcohol violation. When that happens, it’s important to consult an experienced Hampton Roads defense attorney to determine the best way to defend against the charge.

The charge of Drunk in Public /Public Intoxication is a Class 4 Misdemeanor, and it carries with it a maximum fine of $250. If you are charged with Drunk in Public/Public Intoxication and you simply prepay the fine, you are admitting guilt, and the conviction will appear on your criminal record. A defense attorney who is familiar with court procedures in the city where you are charged may be able to reduce your fine or get the violation dismissed altogether.

A charge of Underage Possession, Purchase, or Consumption of Alcohol in Virginia is a more serious charge – a Class 1 Misdemeanor with a punishment of up to 12 months in jail and a $2500 fine. A person who is convicted of Underage Possession, Purchase, or Consumption of Alcohol also faces a mandatory minimum $500 fine, the imposition of community service hours, and a potential driver’s license suspension. We frequently work with high school and college students and their parents on this crime (and many other drug and alcohol charges). For them, the most critical aspect is usually keeping this off the student’s permanent criminal record. Our defense attorneys understand how to work with students to keep their record clear and their future protected.

Another common alcohol-related charge is the Virginia DUI. This area of law is extremely technical, and dui defenses exist that most people have never heard of.  Again, it pays to hire a Virginia Beach DUI Attorney  who knows DUI law, and is well-versed in handling the various available defenses.

Virginia law enforcement officials take Underage Possession, Purchase, and Consumption of Alcohol seriously, but you do have options if you or your child has been so charged. Depending on the facts unique to your case, if you are charged with a first offense under this statute, you may be eligible for a “first offender” deferment of a finding of guilt, meaning that the charge will be dismissed if you remain of good behavior and meet other requirements imposed by the court. Note however, that every case is different, and first you will need to talk to an experienced Hampton Roads defense attorney in order to navigate the court proceedings in Underage Possession, Purchase, or Consumption of Alcohol cases.

5 Reasons You Need an Attorney on a Drug Charge

Drug Charge Criminal Defense Attorney

How a Criminal Defense Attorney can help with your Drug Charge

If you have a pending Drug Charge in one of the courts in Hampton Roads, you may need an experienced Criminal Defense Attorney to represent you. Here’s 5 Reasons you need an attorney on a drug charge:

  1. To help make sense of a tough situation.
    When you have a drug charge offense in Virginia, it can be a frightening, confusing, and life-altering experience. By consulting with a Hampton Roads defense attorney who has experience defending clients from drug charges, you can turn an impossible situation into a known quantity. An experienced defense attorney will be able to explain the legal proceedings to you and begin to develop a defense strategy for your case.
  2. To investigate whether the police followed proper procedure.
    There are many ways to defend against a drug charge by challenging the way the police conducted their investigation. For example, the officer must have a valid reason for initiating contact with a person. This is known as probable cause or reasonable suspicion. Also, for a possession charge, the prosecutor must establish that the person had control of the drugs at the time the police contacted him or her. By working with you to get to the bottom of the facts, your Hampton Roads criminal defense attorney can determine whether proper procedure was followed and mount your defense.
  3. To zealously represent your rights to the court.
    Drug charges in Virginia range from simple possession of marijuana, a misdemeanor, to felony conspiracy to distribute drugs. Regardless of the severity of the charge, the prosecutor may still seek a punishment that does not fit the crime. By advocating on your behalf and presenting the court with evidence of your good behavior and record, an experienced Hampton Roads criminal defense attorney will help the judge see past any unwarranted or severe charge that has been taken out against you.
  4. To help minimize punishment, if any.
    Many drug charges, especially ones involving possession with the intent to distribute or transporting, involve mandatory punishments. By working with the prosecution, even in a situation where the government is able to prove your guilt, an experienced drug possession or distribution defense lawyer can reduce or limit any jail time you may be faced with.
  5. To preserve your good name as you attempt to move on.
    By advocating for the reduction or dismissal of a drug charge, as well as by pursuing a verdict of not guilty, an experienced defense attorney will seek to keep the blemish of a drug charge conviction from appearing on your record. In doing so, your defense attorney will conduct a thorough investigation into the circumstances of the charge, bring forth evidence and testimony favorable to you, and determine the best defense strategy for your case. Contact a local Hampton Roads defense attorney so that you can fight to keep a drug charge from appearing on your record and affecting your future.

Criminal Defense in Hampton Roads, Virginia