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Ask LegalKnowledge Your Own Question
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 27643
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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MY DAUGHTER was taken to jail after she and her boyfriend

Customer Question

MY DAUGHTER was taken to jail after she and her boyfriend say they were subjected to an illegall stop and search on her car after calling dogs to the scene . They were abie to find 2 empty syringes, pills, with a rx from her doc. also her sons rx. she was refused a bond and a blood drug test that she knew would be neg. she was held in a chesterfield co.,virginia private owned jail for 3.5 months, being rejected 2 more bails by the judge. her trial is not until oct. 13 th/2016. how can this happen in our country?
JA: Can you tell me what state this is in?
Customer: Virgina
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: Iinvestigated private owned jails and was appalled by all they can get away with.,a lot of stories like hers . she was put in a drug rehab. about 3 wks. ago.
Submitted: 11 months ago.
Category: Legal
Expert:  LegalKnowledge replied 11 months ago.

Good morning. I am sorry to hear about this. Can you share with me the reason that the Judge denied bond? Was she on probation at the time of the arrest? Was she a flight risk? Did she have a prior record? I am asking because I have never heard of a Judge not selling bond for charges like this.

Customer: replied 11 months ago.
Expert:  LegalKnowledge replied 11 months ago.

Thank you. If she was denied bail, for no reason at all and simply kept in jail for these charges, without a legal basis, it would be a violation of her constitutional right, under the 8th amendment. In this case, it could be argued that the unwillingness to set a bail and the desire to hold her, was not supported by any evidence and would be deemed excessive, in nature. You shared above that she had pills in her possession but a prescription to show and support she had legal possession, so there would be no basis to charge her. That would leave the syringes, which could be classified as paraphernalia, which is a misdemeanor, so what has happened in this case so far is unclear and disturbing, if she has been help for 3/5 months and the case is still pending and yet to be resolved and she was denied bail 3 times, without good cause. Her attorney should be filing an appeal and/or requesting an emergency motion with the court and asking the Judge to recuse themselves, based upon the clear violation of her constitutional right and being held without bail, for no reason at all.

Customer: replied 11 months ago.
she was on probation for a misdomener nothing more on her record not a flight risk, has 4 children , the judge . she has a court ,always in a rush ! she got anughed when I asked abought the situation that also made no since to me . she was charged rent /phone calls /money for canten /put in lock down every afternoon. , this is why I mentioned the jail is private and has to have a bed filled in order to be paid by gov.
Expert:  LegalKnowledge replied 11 months ago.

If she was on probation at the time of the arrest, then the Judge could have a legal basis to deny bond, since she would be in violation and hold her, until the probation violation is resolved.

Customer: replied 11 months ago.
BUT THE JUDJE never used that as her reason , the 1 st time she said she was a suiiside risk. the 2 nd time she ruled that the rehab that was available was not secure.
Expert:  LegalKnowledge replied 11 months ago.

Thank you for the reply. If the Judge felt she was a suicide risk, she could be held BUT she would need to be evaluated. Once it was determined she was not at risk, she should have had bond set, when she went back in front of the Judge, the second time, for it. She should have only been placed in rehab if it was part of a sentence, so I am unaware of the Judge being able to order her to rehab, unless it was a condition to her violating probation. If she violated and the probation was revoked, then this would make sense.

Customer: replied 11 months ago.
It never made since , the officer told her not to say any thing to the magistate when he gave him the charges,that it would be ok, so she expeceted a bond so when that was denide she asked for a blood test and he refused ,was then taken to jail and never given a chance to explain her contintion that there was no reason to be stoped or a resone to search her car. so many more strange things that made no since until I discovered the jail was private and economics by having filled beds is a major factor (SORDID)
Expert:  LegalKnowledge replied 11 months ago.

I certainly understand. This is appeal-able and her attorney needs to file a motion for a rehearing on the motion to set bond and present those facts to the Judge, that there is no legal basis to hold her without one.