Are you allowed to be released until pre-sentencing investigation?

  In most cases, when a person is arrested, that person is entitled to be released pending trial with certain conditions that will ensure the person comes to all court appearances.  This is fair and sensible, since our system assumes a person is innocent of all charges until proven guilty.  A bond is a common condition imposed, and it can be revoked at any time.  Most commonly, bond is revoked for failure to comply with the conditions of release or once the person has been found guilty of the underlying charge.  Again, this is fair and sensible.  If the person cannot comply with conditions of release, that person should be held in jail until the conclusion of the case.  Likewise, if the person has plead guilty or been found guilty, he is no longer innocent and should be held until sentence is imposed.  In this situation, your husband had a bond, his bond was revoked for noncompliance, and he has now been found guilty.  If it is likely that a sentencing the court will impose an active jail/prison sentence that is longer than the time he has already served plus the time between now and sentencing, then the court will probably not reinstate his bond.  In other words, if he has already been in jail for three months, has two more months between now and sentencing, and he's looking at twelve months in jail from the court, he won't get bond.  The court is not going to release him for two months just to send him back again.  On the other hand, if it looks like he is facing less time than he has already served, then a bond motion might be successful. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation.