A friend was picked up for DUI while on probabtion and has previous DUIs/ a felony record. How long will the county jail hold her before setting bail and releasing her? Is there a mandatory short-term jail sentence before the hearing?
Criminal Defense Attorney
There are two cases here from what you've described. There's the DUI and the Violation of Probation. The DUI very likely has a bond set. But the VOP is another matter. Most people have no bond when there is a VOP.
There is no mandatory jail sentence PRIOR to anything. The sentence comes after a guilty/no contest plea or a conviction at trial. But if there is a VOP there's a good chance he has no bond.
He should retain an attorney immediately. An attorney can file bond motions and try to convince the judge to grant it.
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DUI / DWI Attorney
I agree with the previous post. It is very possible that the VOP could result in a very high bond or no bond. As for the DUI your friend will be subjected to a brief mandatory hold. By statute the accused may be released when she is 1) no longer under the influence, 2) her normal faculties are no longer impaired and 3) her blood/breath alcohol level is lower than .05 or eight hours have elapsed from the time of arrest Fla. Stat. 316.193 (9). The mandatory hold will last up to 8 hours. Then the bond will be all that is holding her. The number of prior DUIs along with the time period that they occurred in could increase the DUI bond. If this is her third DUI (2 prior DUI convictions) and it occurred within 10 years of her second DUI, then she could be charged with a felony DUI. As previously stated other than the 8 hour hold she will not be sentenced to anything at this point. If she is able to post the bond and meets the above requirements she will be released. It is possible and not uncommon for the Judge to hold her without a bond on the violation of probation. If she is held without bond an attorney can file the appropriate motions for a hearing to argue for a bond.
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