Suffolk, VA asked in Criminal Law, Domestic Violence and DUI / DWI for Virginia

Q: How to resolve jail release delay after false abuse accusation and charges?

My boyfriend was falsely accused of abuse. A colleague called the police and gave a false statement, but I denied the allegations. However, he was still taken into custody. He was charged with simple assault (secured bond) and a DUI (unsecured bond). Despite seeing a judge and being told of his release, the jail hasn't sent his release papers to the magistrate. They mentioned "something going on at the jail," and I cannot pay bail until the papers are processed. We do not currently have an attorney. What steps can I take to resolve this and ensure his release?

2 Lawyer Answers

A: If he has a bond then they have to let you bond him out. It stinks that it's on the weekend and it's a holiday weekend. So the courts are closed.

I've had the jail blame the court before and say they don't have the proper paperwork from the court. If that's truly the issue that the court didn't send the proper paperwork then you're probably going to have to wait until the clerk's office is open again.

If the jail has the paperwork then I would go up the chain of authority with the jail. Hopefully he is able to get representation at some point because those are pretty serious charges but on the bond issue. All you can do on the weekend is essentially be a squeaky wheel and try to get the correct people to do their job.

But if they're blaming it on the court then you will have to wait until Tuesday.

Stephen Patrick Pfeiffer
PREMIUM
Answered

A: It’s important to know what city your boyfriend has been charged in. If he has been processed by the magistrate and received a bond then contact a bail bondsman. But there’s a chance that he has not received a bond and will have to wait to go before the judge.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.