Bail hearing for inmate

[sunbun]

I don't know if he's already tried to get bail. He's waiting on a bail hearing to be in front of a judge. They said they couldn't determine bail because of the gun charge so he had to see a judge. I have not talked to him yet, he's tried calling but every time I am in class and can't answer. I'm getting the information through his mom. There's no mandatory minimums for any of the charges he has, so I'm really hoping he will get first offenders and be off with probation.

 

[HighwayMan]

...it's an antique shotgun.

An antique shotgun will kill someone just as readily as a "modern" shotgun.

 

[Zigner]

Frankly, now is an excellent time for you to cut your losses with this guy. I can guarantee you that all of your hard work in getting cleaned up and going to school will be jeopardized by your continued association with him.

 

[quincy]

Are you sure he hasn't already had a stab at getting bail? It would be quite uncommon that at least an interim bond hasn't been allowed.
Have you actually talked to him? Is he trying to get out? Is he attempting to bank "time served" against his ultimate sentence.

Given the charges, I pretty much guarantee if convicted of the charges as they stand he WILL go to prison. The illegal possession of a gun is going to be hard to get around with other felonies involved.

Those in Virginia who have been charged with certain crimes will not get bail without a bail hearing first. The boyfriend appears to have been charged with some of those crimes.

 

[sunbun]

As I was saying, we were working on his choices. I'm assuming now after all this bull**** is over he will be motivated to do better like what happened to me

 

[quincy]

As I was saying, we were working on his choices. I'm assuming now after all this bull**** is over he will be motivated to do better like what happened to me

You can always hope that the mess your boyfriend has gotten himself into will motivate him to do better. Jail time can be a good motivator, or not, depending on how fast a learner your boyfriend is. He apparently didn't learn anything from your experience.

FlyingRon, the Virginia Bail Association link I provided earlier says this: "If there is a presumption against bond, Virginia law requires the magistrate to deny bond ... after the magistrate denies bond, the defendant can request a new bond hearing before the judge."

A motion for the bail hearing has been filed by the boyfriend's attorney. At the hearing, the boyfriend must be able to show he is not a flight risk or a danger. The obstruction of justice charge can be a problem for the boyfriend at the hearing, especially if it has been charged as a felony and not as a misdemeanor. The gun with illegal drugs also will be a challenge for the boyfriend.

 

[sunbun]

I thought he would learn from me too but obviously he didn't. Honestly I'm very pissed off at him. Depending on how the situation goes depends on if he's gonna see me again (by my choice). How long after his lawyer makes a motion for bail will it take to see a judge?

 

[Silverplum]

I thought he would learn from me too but obviously he didn't. Honestly I'm very pissed off at him. Depending on how the situation goes depends on if he's gonna see me again (by my choice). How long after his lawyer makes a motion for bail will it take to see a judge?

51 minutes.


Seriously, how would we know that? It depends on how busy that court is, how many other morons broke the law that week, etc.

 

[sunbun]

Well you know some court hearing have a limited about of time to be held. So maybe I was asking because of that reason.

 

[quincy]

I thought he would learn from me too but obviously he didn't. Honestly I'm very pissed off at him. Depending on how the situation goes depends on if he's gonna see me again (by my choice). How long after his lawyer makes a motion for bail will it take to see a judge?

I don't know how long it will be before the attorney's motion for a bond hearing is heard and the bail hearing is scheduled. Your boyfriend will be sitting in jail for a little while, at any rate.

I think if you are trying to stay within the law, having a boyfriend who is having his own struggles with drugs can make this more difficult. If you live with your boyfriend, for example, you can easily be charged with possession of drugs if your boyfriend has them at your place of residence. If illegal drugs are in his vehicle when you are driving with him, you too can be charged with possession.

In other words, your boyfriend is putting you at risk. How much risk you are willing to take is up to you.



Edit to add the following link to Virginia's "Magistrate Manual, Bail Procedures:" http://www.courts.state.va.us/courtadmin/aoc/djs/programs/mag/resources/magman/chapter04.pdf

 

[quincy]

sunbun, you can add your additional questions to this thread. Thanks.

 

[sunbun]

He still hasn't seen a judge for bail. Is that strange? It's been over 2 weeks now. He keeps telling me other people are getting out when they haven't been in there as long as him. Doesn't make sense to me

 

[quincy]

He still hasn't seen a judge for bail. Is that strange? It's been over 2 weeks now. He keeps telling me other people are getting out when they haven't been in there as long as him. Doesn't make sense to me

Strange? Maybe. What does your boyfriend's attorney say about it?

It is possible, if you are getting all of your information from your boyfriend, that your boyfriend is not being entirely honest with you. It could be that he has already had his hearing and bail has been denied. It is also possible that the "other people" your boyfriend speaks of were not charged with obstruction of justice and possession of a firearm and illegal drugs.

But I don't know.

Your boyfriend needs to trust that his attorney is working for him and, if your boyfriend does not trust his attorney, perhaps your boyfriend might want to see about getting another attorney.

Again, I suggest you plan to be without your boyfriend for awhile. Possibly a LONG while.

 

[sunbun]

The information I'm getting from him is the same exact information I'm getting from his mom who got the information from his lawyer. So that's not an option of him being dishonest. I talked to him again and he said they were waiting on the arresting officer to call his attorney. I don't know why that would be relevant though. His attorney said they only do bail hearings 3 days a week and he would try to get one for Friday.

 

[FlyingRon]

The information I'm getting from him is the same exact information I'm getting from his mom who got the information from his lawyer. So that's not an option of him being dishonest. I talked to him again and he said they were waiting on the arresting officer to call his attorney. I don't know why that would be relevant though. His attorney said they only do bail hearings 3 days a week and he would try to get one for Friday.

So, in fact, you don't know. You're getting everything fourth hand. Understand there is no right either under the US Constitution or Virginia law to bail. The only requirement is he be charged within 72 hours if he is in custody.

I'm almost positive there's something missing here. Bail hearings are done by the magistrate system in Virginia. He almost certainly was brought up to themagistrate upon his arrest. They're generally a 24/7 operation. In fact, he can't even be committed to jail until he sees the magistrate. I suspect what you're talking about is a subsequent bail hearing to modify whatever was given the first time around. Those indeed are scheduled. I suspect as soon as his attorney requests one he'll be on the next docket (three days a week sounds typical).

Understand, things are very bad for him. There is specific rules for certain crimes and possession of a firearm while posessing schedule I/II drugs is one of them. It's quite possible bail was denied and may continue to be denied. You do understand that when he is convicted of that crime there's a mandatory prison sentence on that.