Weisberg Law Blog

Bail Bonds

Our Constitutions guarantee the right to reasonable bond in criminal cases, which allows a person accused of a crime to be at liberty pending trial. This is under constant assault on two fronts. First, government hates the idea that a guilty person, the defendant should be walking around instead of in custody starting to do his time. The public feels threatened by criminals who are not locked up.

Of course an arrest is merely an accusation, not a conviction, or so it says in our Constitutions, you know, presumption of innocence and all.

In response to these notions, Virginia law now creates a presumption against bond under certain circumstances. If you are charged with a crime that could result in a life sentence: no bond. These are rape, robbery, murder, second offense sale of drugs. If you are charged with an offense which carries a mandatory minimum sentence, no bond applies. These offenses are possession of a firearm by a convicted felon, felony driving while a habitual offender, and third offense DUI, to name a few. This law has been found to be constitutional by our Virginia Supreme Court.

As I have said in the past, judges are reluctant to be seen as being soft on crime. The result is pretrial confinement, in violation of the idea of government envisioned by the founders of this country.

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