Legal Question in Criminal Law in Virginia
husband in jail
two weeks ago, husband went to court on the chage of possessing a gun after being declared a convicted felone. he had a public defender, the lawyer did not show the work contract where husband was out of town at the time. His lawyer did not do anything. the other side had one person who said she saw him shoot the cat. they had no gun, no bullets. only a picture of a dead cat, this happened over a year ago, not going to trail we go to court in a week on the charge of shhoting the cat, if found not quilty on that charge, what do we do on the felone charge. he is innocent and what do we do to get him out of jail .
1 Answer from Attorneys
Re: husband in jail
I assume the hearing was a preliminary hearing at which the only issues are is there probable cause to believe (1) that a crime was committed and (20 that the personcharged committed the crime. This is a very low standard. It is actually very rare for evidence to be introduced by the defendant at such hearings.
On the charge of shooting the cat, even if your husband is found not guilty of that charge, his acquital does not affect the feloony charge. As an aside, I am not sure why the misdemeanor charge and the prelinary hearing on the felony are being tried at two different times.
On the bond issue, assuming, for the sake of argument, that no jail time was given after the trial on the misdemeanor (ie acquital or guilt with suspended sentence) a motion to reduce bond could be filed. The post does not contain any facts from which the possibility of success of such a motion might be guaged but what the court would be looking at would be the risk of flight and the risk of a danger to the community. You should consult an attorney about the particulars of your husband's situation as they may play out in a bond hearing.
As for the bond issue,
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