Bail and Sex Offenses
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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.
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