Bail And Legal Representation
Summary
In Virginia, failure to appear is serious. If non-violent, they can petition for bail. The victim can request charges be dropped, but the prosecutor decides. If unable to afford a lawyer, request a court-appointed one during the first court appearance.Full Conversation
She’s currently in custody being held without bond for failure to appear but she also never been into any kind of legal trouble
I understand your concern. Could you please provide me the location where this case is taking place? Laws on bail and bond can vary greatly from one jurisdiction to another.
Roanoke Virginia
In Virginia, failure to appear is a serious offense. If the person did not commit a violent crime, they can petition for bail. Here are some points:
- They have the right to a bail hearing.
- The judge will consider their criminal history.
- A lawyer can help argue for bail.
It's best to consult a local attorney.
The charges are all from over a year ago and the other person who initially pressed charges wants to drop everything
I understand. In Virginia, it's possible for a victim to request the prosecutor to drop charges, but the decision ultimately lies with the prosecutor. Here are some points:
- The victim can express their wish to the prosecutor.
- The prosecutor will consider the victim's wish.
- The prosecutor has the final say.
A local attorney can guide through this process.
So how do I help get her a lawyer when neither one of us can afford it
In Virginia, if the accused can't afford a lawyer, they have the right to a court-appointed lawyer. Here are the steps:
- Request for a court-appointed lawyer during the first court appearance.
- The court will assess eligibility based on income.
- If eligible, the court will appoint a lawyer.