A man in his mid-40s was recently charged in Roanoke County General District Court with petit larceny, subsequent offense – a Class 6 felony in Virginia. Unfortunately, he had pending possession of heroin and failure to appear charges in another jurisdiction, along with a prior criminal history including larcenies. His failure to appear charge occurred because he had been incarcerated in another jurisdiction.
He contacted Copenhaver, Ellett & Derrico because he was arrested and held without bond on Sunday, December 22. Roanoke County General District Court was only open for a half day on December 23 before closing until after Christmas. His only chance to get bond and be out for Christmas was to have a bond hearing scheduled on the morning of December 23.
We immediately took action since the timeframe was so short. It required a great deal of persistence because the Commonwealth Attorney refused to agree to a bond hearing, and the request had to be taken to the judge over the Commonwealth Attorney’s objection. Ultimately the client was granted bond, which allowed him to spend Christmas with his family instead of in jail.
The importance of a prompt bond hearing cannot be underestimated. We regularly speak with people who have a defense attorney, but the attorney won’t see them in jail and take too long to request bond hearings. We care about our clients and realize that they have families, jobs, and other obligations that require us to address their arrest as soon as possible.
Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.