Bail and Sex Offenses
In California, when an individual is arrested for a sex crime, he or she is taken into custody until either bail is posted, until he or she is released on his or her own recognizance (also referred to as OR) or until his or her trial if the offense is so severe that it is considered unbailable. In order to be released from custody as quickly and as inexpensively as possible, the accused (or a family member or friend of the accused) should immediately contact the knowledgeable and discreet sex crime defense attorneys at The Kavinoky Law Firm, who are outstanding in this complex field of law and know how to successfully tackle every stage of the criminal court process.
The Los Angeles County 2007 Felony Bail Schedule will serve as an example of the amount of bail that may be set for specified sex offenses. Every county in the state has its own bail schedule and the amounts in each may be modified at the court’s discretion, as permitted by law. Typically, bail for an offense will be specifically listed in the schedule. If it is not, there are general bail amounts that may be used, depending on the maximum state prison term that is applicable to the offense, and these amounts will range from $20,000 for a maximum three-year sentence to $100,000 for a maximum 16-year sentence to $1,000,000 for a life sentence.
When the accused is charged with two or more offenses, the highest bail amount will be used, unless the offenses were committed against separate victims or on separate dates or where separate sex acts were performed on the same victim and each may be separately punished. If the offenses fall under any of those scenarios, the bails may be totaled. Aggravating circumstances and/or prior convictions also carry independent bail amounts, which will be added one time per defendant or per case.
It must be noted that some of these offenses, even though a specific bail amount is posted, may be unbailable crimes or may have a variety of bail amounts that are applicable, which is why it is absolutely vital that the accused contacts a qualified criminal defense lawyer who can reconcile any discrepancies with clarity and competence.
Rape (committed in situations where force or threats weren’t used) = 100,000 Rape (in concert with force and violence) = $250,000 Statutory rape (with person under 18) = $20,000 – if defendant is over 21 and alleged victim is under 16 = $25,000 Spousal rape (committed in situations where force or threats weren’t used) = $100,000 Pimping = $25,000 – if other is a minor over 16 = $50,000 – if other is a minor under 16 = $75,000 Pandering = $35,000 – if other person is a minor = $50,000 Incest = $50,000 Sodomy (with minor under 18) = $50,000 -all other situations, including those when the alleged victim is under 16 and the accused is over 21 and when the alleged victim is under 14 and the accused is more than 10 years older = $100,000 Lewd act with a child under 14 = $100,000 Oral copulation (with minor under 18) = $50,000 -when alleged victim is under 16 and the accused is over 21 = $75,000 -all other situations, including those when the alleged victim is under 14 and the accused is more than 10 years older = $100,000 Arranging or attending a meeting with a minor to procure sexual exposure = $75,000 Contacting a minor with the intent of committing a sexual offense = $5,000 -with a prior = $25,000 Engaging in specified sex acts with a minor under 10 = $100,000 Sexual penetration = $100,000 Failure to register as a convicted sex offender, under Penal Code 290 = $20,000 Bringing or distributing obscene matter within the state of California = $40,000 Using a minor to bring or distribute obscene matter within California = $40,000 Possession or control of child pornography = $20,000 -with prior = $40,000 Indecent exposure = $35,000
Contact the experienced criminal defense attorneys at The Kavinoky Law Firm today for more information and for a free consultation.
