My cats act like they’re in prison when I don’t let them out of their house. They should think about one Virginia kitty who really suffered the indignity of house arrest when its owner ran from the authorities.

Authorities believe that the fugitive has already left Virginia and fled the country.

Martinez-Espinoza was lucky to be able to await trial in the comforts of his own home, instead of in jail. Virginia law states that there is a presumption of no bail for illegal aliens charged with certain crimes, such as felony murder or manslaughter, assault and battery of a family member, driving while intoxicated, or manufacturing, selling, or distributing a controlled substance.

The presumption is rebuttable. This means a defendant or his attorney can argue against the presumption and show evidence that the defendant will return to court on his hearing date. The judge has the discretion to grant bail or not.

This law is different from Arizona’s Proposition 100 which states that illegal immigrants charged with serious felonies are not eligible for bail at all. The Ninth Circuit Court of Appeals has ruled the statute unconstitutional.

Failure to Appear

In Virginia, skipping on bail is a crime. If caught, Martinez-Espinoza would be charged with the additional crime of failing to appear.

A defendant who willfully fails to appear forfeits any security or bond paid. Also, if the person was originally sentenced with a felony, failure to appear is considered a Class 6 felony, punishable by up to five years in prison. If the defendant was originally sentenced with a misdemeanor, a subsequent failure to appear would be a Class 1 misdemeanor, punishable by up to one year in jail and a fine of $2,500.

So if Martinez-Espinoza is ever caught, he’ll face the original drug charge, probably some kind of tampering charge, and a new charge for failure to appear.

If you ever find yourself on house arrest, just sit tight and leave the cat alone.

Related Resources:

  • Drug Suspect Puts GPS Tracker On Cat, Flees House Arrest (Opposing Views)
  • Lindsay Lohan Probation Revoked, Bench Warrant Issued (FindLaw’s Celebrity Justice)
  • Failure to Appear in Court: What Can Happen? (FindLaw’s Blotter)
  • Wanted Fugitives: Randy Quaid and Wife Skip Out on Court Again (FindLaw’s Celebrity Justice)

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