Jail Release in Accidental Weapons Possession Cases
“Accidental” weapons, drugs, and other contraband possession cases are very common. In criminal court, possession has three elements (close proximity, actual knowledge, and exclusive control). But at the arrest phase, possession only has one element (general proximity). If Mary is driving her husband’s car and she doesn’t know about the handgun in the glove compartment,
Mary is going to jail.
As outlined below, jail release is critical for a legal defense. Immediate jail release is also important psychologically for accidental weapons possession defendants. Usually, these defendants don’t feel like they did anything wrong, multiplying the adverse mental and emotional effects of involuntary confinement.
A Leesburg criminal defense lawyer can usually beat accidental weapons possession cases in court, but only if a lawyer has the opportunity, and the time, to prepare a proper defense. Defendants in jail only have limited access to their Leesburg criminal defense lawyers. Additionally, instead of waiting and presenting a defense, many incarcerated defendants would rather plead guilty and “get it over with.”
Initial Release
The good news is that, since weapons possession is a nonviolent crime, all three modes of jail release are usually available in these Loudoun County cases.
- Own Recognizance: In most cases, accidental weapons possession matters are tailor made for OR release. As mentioned, since these defendants don’t feel like they did anything wrong, they’re anxious to clear their names. Furthermore, they usually have local jobs and families and pose no threat to the community.
- Cash Bond: Many of these defendants prefer cash bond to a bail bond for two key reasons. First, cash bond is refundable. It’s like a security deposit on a Halloween costume. Additionally, since the defendant puts up more financial security, authorities often don’t ask too many personal questions.
- Bail Bond: A bail bond is the cheapest, non-OR jail release option. Many bonding companies only charge about a 10 or 15 percent premium. The tradeoff is that a bail bond is the most restrictive kind of jail release. These conditions are negotiable, at least in most cases.
Authorities are often flexible when it comes to pretrial release in accidental weapons possession cases. Virginia has one of the highest percentages of unsentenced inmates in the country. Politicians don’t want to see exposes about Mary’s confinement over charges that probably won’t hold up in court.
Bail Step-Downs
Frequently, the pretrial process is quite lengthy. If the state is at fault for that delay, usually because there’s a delay in filing charges or the state announces not ready at trial, a Leesburg criminal defense lawyer often asks for a bail step-down.
For example, if Mary posted a cash bond, her lawyer may convince the judge to release that cash bond if Mary agrees to all OR release conditions. These conditions usually include appearing at all required pretrial and trial dates, remaining in the county, and avoiding further trouble with the law.
On a related note, if a bail condition is overly restrictive, the court will often eliminate it after the defendant toes the line for a few months. For example, the court may allow Mary to visit her parents in Maryland.
Connect With a Dedicated Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Virtual, home, and jail visits are available.
Source:
open.lib.umn.edu/criminallaw/chapter/4-1-criminal-elements/
