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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 12-21-2008, 12:26 PM
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Is there any way to rush a bond hearing?


What is the name of your state (only U.S. law)? Im in Virginia.
I was wondering if there is any paperwork I could file or someone other than the Public Defenders office I could call to hurry this process along? Also could I hire private counsel for the soul purpose of getting a bond hearing without hiring him to represent? Probably a stupid question but money is tight (we are in a recession) and you don't know unless you ask!
Thankyou for your time!
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Old 12-21-2008, 06:38 PM
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Quote:
Originally Posted by Ontheotherhand View Post
What is the name of your state (only U.S. law)? Im in Virginia.
I was wondering if there is any paperwork I could file or someone other than the Public Defenders office I could call to hurry this process along?
No
Quote:
Also could I hire private counsel for the soul purpose of getting a bond hearing without hiring him to represent? Probably a stupid question but money is tight (we are in a recession) and you don't know unless you ask!
Quote:
Thankyou for your time!
You can hire a private attorney for any reason at all. However, in order for the person who is in custody to use this private attorney on their case, they will in effect have to fire the public defender who was already assigned to the case.
Which means that after the bond hearing, this person will be without an attorney and I seriously doubt the court will re-appoint one, since it will be shown that the defendant has the resources to hire a private attorney.

You may also need that money to post this person's bond, if that is what your intentions are.
I would recommend that you wait and see what happens with the public defender and where everything goes from here. If the person is convicted, the time they are spending in custody now, will be credited to whatever sentence they may receive.

If it gets to a point where the public defender is encouraging the defendant to take a deal and claims they will lose in court otherwise, and the defendant doesn't want this because they are adamant about being not guilty, that is when I would get a private attorney involved.

Also, getting a private attorney involved at this point will most likely delay the date for the bond hearing, not move it up.

With all that said, I strongly believe that in most cases, a private attorney will bring much better results for a defendant. Not always, but more often than not. The more serious the charge(s), the more I would encourage someone to go with a private attorney.
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