Are Most Sex Crimes Bondable Offenses?
What does this mean? This means if you're charged with a sex crime, are you going to be able to bail out or get released on your recognizance, where you don't have to post any bail?
It's important to note that it's a rare situation for a judge to hold someone without bail, even for sex crimes. This rarity should reassure you that the general practice is to allow bail for most crimes, including sex crimes.
The only exception that I would point out would be (1) if it involves a kidnapping of a child and you're seen as a severe danger to the community or (2) I've seen them jack the bail up over a million dollars if you have multiple sex crimes that you're going to be charged with like a serial rapist, for example.
Except for extreme scenarios, you can expect to receive bail for your sex crime case. This is the typical course of action in Los Angeles County.
Multiple Counts of Sex Crimes
Now, the one thing that the prosecutors are allowed to do in Los Angeles County — it happens all the time — is if you're charged with multiple counts of sex crimes, they can stack the bond.
This means that if one count is $50,000, they get that, and then the next count is $20,000, and they can keep stacking it up to try to make it high so you can't get out. For most crimes, the judges are not going to permit that in Los Angeles County, but sex crimes are an exception to that rule.
When it comes to sex crimes, the judges are not as reasonable in my experience, especially in today's climate. They're cautious of what they do, and they're going to err on the side of setting a high bond if they give you a bond for your sex-related crime in Los Angeles County. This caution underscores the gravity and seriousness of the situation.
One thing that people do not realize and do not understand — and it's essential to know in a sex crime — is that, for purposes of bail, the judges are to assume that whatever charges there are against you are authentic. In other words, you don't get the benefit of beyond a reasonable doubt for bail purposes. They certainly have to prove the crime against you.
Entitled to Bond
The presumption of innocence is there as the case goes, and you will get all of your rights if you take your case to a jury trial. Still, when it comes to setting bail, the rule in Los Angeles County is that yes, you are entitled to a bond, and yes, most crimes have a recommended bail attached to them or a presumptive bail attached to them. Remember, you have these rights, which should empower you in your case.
The judges got together and set the bond for each crime — each sex crime in Los Angeles County. Remember, you have these rights, which should empower you in your case.
However, when it comes to sex crimes, judges are often stringent and tend to align with the prosecutors' stance unless your defense attorney can present a compelling argument. The judge's decision will largely hinge on whether you are a flight risk, underscoring the crucial role of a proficient defense attorney in your case.
They'll take your passport. They'll put an ankle monitor on you. They'll do whatever is necessary to ensure you don't run away, including putting your bail up so high that you can't get out. The second question, and probably most important when it comes to sex crime bonds in California, is, are you a danger to the community? Are you a danger to the victim in the particular case? If so, expect your bail to be jacked up to an astronomical height so you can't get out and commit more crimes while on bail.
Depends on Circumstances – Prior Record – Flight Risk
So, the answer to the question as to whether or not sex crimes in Los Angeles are bondable is most clearly yes. But the bond will probably be high depending on the circumstances, your prior criminal record, whether you have any prior failures to appear, and most importantly, whether you are a flight risk and a danger to the community. That is going to dictate what your bond is in a sex crime case in Los Angeles.
So, a lot of times, when I'm preparing to argue bail for a client in one of the LA courts related to a sex crime, I meet with the family first and get as much detail as I can about the client if they're in custody. Then, when I go to court, I'll pick up the paperwork.
I'll review it to see the person's criminal record and the exact charges in the case. Then, finally and probably most importantly, I'm going to sit down with the client, find out their side of the story, find out what they have to say related to the charges and the fact that they're going to want to bail out, get all the good things about them — their history, their job situation, their family circumstances so that we can make a strong argument at the arraignment. This thorough preparation is crucial in ensuring a solid argument for bail.
But they are entitled to a bond or even an OR release to get them out because having a client out trying to help with the case while it's pending is always the best-case scenario when it comes to a sex crime in Los Angeles County. This possibility of a positive outcome should give you hope. Contact our Los Angeles sex crime lawyers to review your case and explore these options.
