How Do I Get Out of Jail After an Arrest in Virginia?
What to do when you are a suspect or arrested for a crime
During an investigation for a crime, police may decide you are a suspect. If they begin asking you questions, you should request an attorney be present before answering any of them. Once you request an attorney, they are lawfully required to no longer speak to you about the matter. After being arrested for a crime and booked (having your personal information such as a photograph and fingerprints taken) police will attempt to question you. It is legally required that they advise you of your rights with a Miranda warning. You should always exercise your right to remain silent and refuse questioning, even if you are innocent. Instead, ask to speak with your criminal defense lawyer. From there, you and your attorney can take steps to formulate a plan that includes your release from jail until your arraignment hearing.
Once you have refused interrogation, your priority will be getting out of jail. A judge or magistrate will set bail based on several factors:
- The crime with which you are charged
- Your past criminal history
- The likelihood that you will attempt to flee before your court appearance
Your bail amount is likely to be set higher if the crime is more severe, if you have numerous past arrests and/or if you have previously fled or attempted to flee prior to a court date. In some instances, there is a presumption against bond.
After your bail has been set, you or a loved one can pay it in one of the following ways:
- Cash or check for the full amount
- A bail bond for some percentage of the full amount (typically 10 percent)
If you believe your bail has been set unreasonably high, your Loudoun County or Northern Virginia criminal defense attorney can help you request a bond hearing, during which you may request that the amount be reduced. Your financial standing will be considered, as will your ties to the community. If you and your lawyer can convince the judge that you are not a flight risk, it is likely your bail will be lowered.
One final way in which you may be released from jail following arrest is by signing a statement that you will appear in court on the date designated. This is known as being released on your own recognizance. This option is not always available and is usually achieved due to at least one of the following factors:
- You have strong community ties
- You have lived in the community for many years
- You have a job
- You have little or no criminal past
- You have been charged with crimes in the past and always showed up for your court dates
Often having an attorney from a well-respected criminal defense law firm can help your case for own recognizance release as well.
Simms Showers LLP is a criminal defense law firm that serves all Loudoun County communities including Leesburg and Sterling, as well as other Northern Virginia communities including the jurisdictions of Frederick, Winchester, Clarke, Fauquier, Fairfax, Arlington, Prince William and Stafford. Leesburg lawyer Caleb A. Kershner also handles criminal cases in the Federal Court of Alexandria. Contact our experienced criminal defense lawyers Caleb A. Kershner and William B. Mann today.
Simms Showers LLP represents clients throughout Northern Virginia, including Leesburg, Sterling and the surrounding areas of Loudoun County as well as Arlington County, Clarke County, Frederick County, Fairfax County and Prince William County.