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Virginia Bond hearings appeals

The loss of freedom can be a significant life-altering event that can have serious repercussions upon a career, the ability to work in the future, and one’s reputation among other things.  Thus, if you or a loved one has been denied bond, you may consider consulting a local Virginia Beach Criminal Lawyer for an assessment of your case. The laws in Virginia grant specific rights to individuals who are denied bond.

The law provides that “[i]f a judicial officer denies bail to a person, requires excessive bond, or fixes unreasonable terms of a recognizance…the person may appeal…” (See Virginia Code § 19.2-124(a)).  Accordingly, if one of these circumstances exists, it is vital to at least consider the possibility of appeal.  The courts are not perfect; your local Virginia Beach Criminal Lawyer can ensure your rights are represented the fullest extent allowed by law.  But note, under section (b) of the above mentioned statute, the prosecutor may likewise appeal a grant of bail.  If a case is to be appealed, a proper objection is required.  Proper and timely objection is just one requirement imposed by the criminal justice system that underscores the importance securing advice from experienced counsel.

In some criminal trials, emotions run high due to the uncertainty of the outcome.  If you have a lawyer to explain what is occurring at each stage of the legal process, then the accused and his or her family members can obtain the peace of mind that comes with the knowledge of what may or may not come next.

What happens if a defendant is released, but the prosecution then appeals that ruling in a felony case? If the defendant asks the trial court for release on bail and the case is for a felony prosecution, the court must provide the defendant with a hearing to determine whether bail is appropriate within three days of the prosecution’s filing of the notice of appeal.  Then, the state must carry the burden in persuading the court that the bail amount should remain at its current level or that the accused should not be released. (See Va. Code Ann. § 19.2-406).

Almost all criminal prosecutions involve some level of anxiety.  As such, serious cases can be best defended with the assistance of a valuable local Virginia Beach Criminal Lawyer.  Your trusted attorney can ensure that the prosecution proves all necessary elements required by the law, that bail is not set at an inappropriately high level, and that the state complies with all rules regarding the appeals process.  Furthermore, your local Virginia Beach Criminal Attorney can provide you with critical updates to your case and can inform you as to the important decisions you must make.  The legal strategies to effectuate a client’s wishes may be left up to the attorney, and rightfully so.  But the final decisions as to the pleas made at trial or during a plea-bargaining arrangement are always left to the client. Your local Virginia Beach Criminal Lawyer has the experience needed to smoothly guide you through the otherwise tense criminal legal process.