Pretrial release is the time post-arrest or in between the time that a person is arrested and the time that the case goes to trial or otherwise gets resolved. It is a vital time, where evidence is collected, strategies are planned, and the case is constructed. Decisions that are made during pretrial release can greatly impact the outcome of an individual’s case. The role of a West Palm Beach DUI lawyer during pretrial release cannot be emphasized enough. If you have been charged with a DUI, work with a qualified DUI attorney that could advocate for you.
Being Released on Your Own Recognizance
Typically for a first-offense, or even a second-offense or a multiple offense DUI, the individual is going to be released under their own recognizance after eight hours of being held in custody.
After the person has been released and the case gets assigned to a prosecutor, if the prosecutor sees that the person has a prior history of DUI offenses, and the prosecutor does not think that it is appropriate for the person to be released on their own recognizance without any restrictions, the prosecutor can ask the court to revisit the bond. This is when working with a local attorney is important.
Motions to Modify the Conditions of Release
If a person has a prior history of DUI and they pick up a second, third, or subsequent DUI, most likely, the prosecutor who is assigned to the case will initially file a motion to modify the conditions of release if not revoke the bond at all.
The argument will be that person has a history of this sort of behavior and the prosecutors are going to ask the judge to place greater restrictions on the person so that they can protect the community.
One role of a West Palm Beach DUI lawyer during pretrial release is the role of advocate. The attorney will go to court for the person and argue to the judge that the person is a local resident, that the person is not a flight risk, or that the person invested in an attorney, they have family here, they have business here, they have property, they have work here, or they have significant ties to the community so the person is not going to flee. In doing so, the lawyer is advocating for the release of the individual.
Mitigating the Conditions of Release
The other component that a lawyer would be able to argue to the judge in order to attempt to keep the person out of jail on pretrial release with the least amount of restrictions is that the person is not any danger or is no longer any danger to the community. The attorney will do so by attempting to show that the individual is not using any alcohol or controlled substances without a prescription or that the person is going to treatment.
Treatment refers to:
- Seeing a psychologist or therapist
- Attending AA meetings
- Attending group therapy
- In-patient residential treatment
- Regular drug tests via blood, breath, or urine samples, to ensure the person is not using controlled substances or alcohol
It is the role of a West Palm Beach DUI lawyer during pretrial release establish that not only is the person not a danger to the community, but that there are significant safeguards being put in place by the attorney and also the defendant to ensure that there is no danger to the community.
If there is no danger to the community and the person is not a risk of flight or risk of running away, then the judge can continue to release them on pretrial release maybe with some restrictions as far as drug testing and no alcohol, no driving, or maybe checking in once a week. But the person is not going to have to sit in the jail.
Value of a West Palm Beach DUI Attorney
The first attempt that the State will have to put you in jail is after they review your record and see if you have a significant criminal history. The court will try to revoke the bond or modify the bond. Having a local attorney is probably your best chance at receiving a fair trial. The role of a West Palm Beach DUI lawyer during pretrial release is primarily that of a messenger. The attorney goes to court and argues for your release or your continued release. In situations like these, it is important that the judge or the prosecutor know who the messenger is. You want the judge and the prosecutor to know that the attorney has a good reputation for telling the truth and will look after you. The lawyer should understands the court and the prosecutor’s concerns while simultaneously doing what they can to ensure your release. Work with an experienced attorney that could fight for you.
