Criminal Law Questions? Ask a Criminal Lawyer.
It is possible (although not likely) that he could be released on an O.R. bond, but that would only happen one of two ways: (1) you hire a lawyer before you go out there and he negotiates an O.R. bond upon your husbands surrender, or (2) your husband turns himself in and sits in jail from several hours to several days to appear before a magistrate and convinces the magistrate himself to grant him an O.R. bond. Not only does the first option avoid him sitting in jail, it is much more likely to be successful. Judges typically assume that people who have taken the time and incurred the expense of hiring an attorney are more likely to appear for future court dates. Your husband will have the fact that he voluntarily traveled across the country to turn himself in as a huge plus when it comes to bond, but the fact that he lives so far away will be a negative.Bond is something that varies greatly not only from state to state, but also county to county and even judge to judge within the same courthouse. I cannot tell you what a typical bond is for a minor A&B before that judge in that county in Virginia because I have never practiced there. Likewise, I do not know how liberally they grant O.R. bonds. Some places almost never grant them and others do all the time. That's one of the reasons you need to contact a local attorney there.You will not be able to obtain the discovery (photos, etc) from the prosecutor's office. Only your husband's attorney will be able to do that.The court clerks office might tell you what the bond amount on the warrant is or they may have a website that list it. Some places divulge that information, but others do not on an active warrant. Some places will not even tell you if there is an active warrant. A local attorney there should be able to find out pretty easily though.You are correct that this is not a high profile or major case, but it is wishful thinking to think that this will lead to it being thrown out. In most DA's offices the newer lawyers handle these kind of cases (misdemeanors). This is what they do. They don't dismiss them because they have too many. If it gets dismissed, it will be because your husband's lawyer either convinced the prosecutor that it did not happen or that they cannot prove it happened.It is possible that your husband's attorney will be able to arrange for the case to be taken care of during one visit given that you are coming from out of state. That's much less likely if he shows up without an attorney.You cannot sue the victim for your costs related to a criminal prosecution unless you can prove that she lied and maliciously prosecuted your husband. Even dismissal of the criminal case does not get you there. Short of a confession by her that she lied or a video showing that she lied you probably would not have a civil case worth pursuing.Hope this answered all your questions. I cannot urge your husband enough to retain a lawyer before he returns to VA, and not a day or two before. Long enough that he has time to try to make some arrangements and negotiations with the prosecutor. I would suggest retaining an attorney about a month before he plans on going back.
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