Bail Bond for a California Penal Code 288 – Lewd Acts with a Child Charge
You will need to select the right bail bondsman if you or a loved one has been arrested and charged with lewd and lascivious acts with a minor. California takes punishment for sex offenses seriously, especially sex offenses committed against children. You face the possibility of a lengthy prison sentence and having to register as a sex offender for the rest of your life.
How do you know the right bondsman for PC288 and does it matter?
Yes, it matters a lot for so many reasons. First I am not going to tell you that price isn’t extremely important to most. Generally this charge has a large bond amount set and can be costly twice if you don’t select the right bondsman and here’s why.
First off a bondsman has the right to surrender a defendant at anytime period. Now even though you have the right to a court hearing to ask for your premium back this will take a lot of time and in the meantime you will be in jail forced to pay the premium to another bond company to get out of jail.
Secondly these cases take a lot of time and most bond companies have small print stating the bond is only good for one year and you must pay the premium all over again. Chad Conley Bail Bonds does not do this.
Sometimes a person is arrested for a crime by the police or sheriff. This doesn’t mean the district attorney has filed the charges. If further or ongoing investigations prolong the district attorney from filing 15 days after the original arraignment date the court will automatically exonerate the bond. When the DA files the charges after this date the defendant will be required to post an entirely new bond. Will the bondsman make you pay again or reassume the original bond?
Along the way the DA files additional charges and raises the bond. Will the bondsman give you credit for what you have paid toward the higher bond or make you pay for a new bond?
There are many other tax issues people run into posting a large bond should they decide to pull money from 401k or CD’s , etc. Is your bondsman considering these issues for you
Usually large bonds require collateral from family members who all may have a very different feeling about posting bail. Their maybe different parties/cosigners for payment and collateral. Privacy is extremely important and all parties must feel comfortable. You must have an experienced bondsman that can explain the options and the future items to consider, deal with different cosigners questions and concerns and pull it all together.
What is PC 288 and what does the charge mean?
Penal Code 288 PC is a crime committed by touching a child somewhere on his/her body for sexual purposes. These cases typically involve accusations that the child was touched or fondled on a sexual organ, or that some overt act of child molestation took place. Someone can also be charged with lewd acts even if the touching was not on a sexual organ, and even if the touching was done over the child’s clothes.
Should someone arrested or charged with PC 288 get bail?
I could quote the constitution about how everyone has the right to fair bail and that everyone is supposed to be innocent until proven guilty. Although this is true there are plenty of things going through the minds of family members who are considering a bond and thats not one of them. I can say that over my years of experience in the bail industry I have seen several cases that either the accuser is lying or mistaken, another adult actually committed the abuse, and the child is blaming the wrong person. Sometimes a third party used manipulation and suggestion to “coach” the child into making an allegation of sexual misconduct or the contact, to the extent it occurred, was accidental. These are not only common defenses but have been true as well.
Why is a bail bond for Lewd Act with a Minor different from other bonds?
There are several reasons that posting a bond for the charge PC288 is different from other bonds and here are some of the reasons;
This is one of the charges that a defendant can be accused and arrested by a sheriff or police officer and post bond to get out of jail. The investigation period is generally ongoing and often charges are filed by the district attorney’s office late and the court often exonerates the bond prior to the filing thus making the defendant post an entirely new bond once they file charges. You must make sure that your bondsman will reassume or rewrite the bond in the event of what is referred to as a “late file”
PC288 Lewd Acts with Child is one of the charges that is looked badly on inside of jail making the jail time very difficult for the defendant
The charges are also more likely to be increased or counts added to along the way should the interviews or investigation open the door for opportunity to charge you with additional counts or offenses. This means the bond can go up along the way. Should this happen its important to know what your bondsman will do and if you will get credit for the money you paid towards the first bond. For example the bond was set at $100,000 and you paid the bondsman. The bond gets raised to $250,000. This is considered a new bond and the bondsman can charge for an entirely new bond. I do not do this! You need to know that should this happen the bond company will honor and credit the amount paid. Many bondmen do not do this.
These type of cases can go longer than a year. Most all bail bonds have a start and stop date. They generally have small print on the contract that states that in one year the bond will expire meaning that should your case go over a year you would be forced to go into custody or post a new bond. Chad Conley Bail Bonds writes the bond for you one time for the length of the case. This allows you and your attorney to have the time needed to fight you case and you will not be backed int a corner trying to force signing a plea you’re not ok with or paying all over again.
Why is a Bail Bond for Sex Crimes different from other bonds?
There are so many different reasons as to why this bail/bond is different. Starting with who arrested the defendant. If law enforcement made the arrest and set the bond amount. The District Attorney;
May add additional “charges” could increase the bond amount.
Increase the “counts” on a particular charge requiring possible higher bail amount
Argue for no bail
Require GPS Monitoring with bail
What will the Bail Bond Company do when your bail has been raised?
What is the difference between a Bail Company, Bail Agent and a Bail Bondsman and why does it matter for a Lewd Acts with a Minor Bond?
Bail Bond Agent and Bail Bondsman is mostly the same just a different way of saying it however mostly recognized these two ways. Independent Bail bondsman or Agent that works at a Bail Bond Company.
Bail Bond Company’s generally refer to their salesmen as agents
A Bondsman generally does more than just sell and post the bond. They often are independent agents that have their own company and deal with advertising to exoneration (start to finish)
The reason it matters is because the amount of power the bondsman has or doesn’t have can change everything
It matters whether you are dealing with a sales agent that just sits at a desk and sells in a corporate environment or a hands on personal service owner. Even the background and personality or the bondsman matters.
What should I compare when selecting a bail bondsman?
I know what you are thinking already “COST” right? Well, your right but most make the mistake or taking the cheapest dollar amount they hear or the lowest down payment. Its what you miss or what changes along the way that will very well determine the cost. Don’t be fooled by the lowest cost when you leave the door open to so much that could cost you more or worse more than you have!
What are the hidden costs to be aware of?
- Changes or increase in charges
- Late file by DA office
- DA reject or no file
- Annual renewal fees
- Posting fees
- Interest fees
If you have questions regarding a band please call me. I will explain the entire process and give you all your options so you can make an informed decision.
Chad Conley Owner of Chad Conley Bail Bonds
Chad The Bail Guy
California Penal Code 243.4 – Sexual Battery
Sexual battery as (which is also called sexual assault) is a serious battery offense under California Penal Code Section 243.4 that can carry severe consequences such as prison time and registration as a sexual offender.
What is different about a bail bond for a sexual assault arrest/charge?
The biggest differences in a bail bond posted for sexual assault verse most other crimes are:
- The time it takes for the district attorney to file charges
- Charges originally filed or the counts charged with are often changed or increased
- Bonds are reduced or increased affecting premium and collateral
- Restraining orders may be in place against the defendant or arrestee
- The investigation period in ongoing
What elements must the district attorney have to prove for felony sexual battery?
- The defendant (or an accomplice) unlawfully restrained another person. Someone is unlawfully restrained when his or her liberty is controlled by words, acts, or authority of another and the restraint is against his or her will. Unlawful restraint requires more than just the physical force necessary to accomplish the sexual touching.
- While this person was restrained, the defendant touched an intimate part of this other person or touched this other person with his or her own intimate part.
- The touching was done against the other person’s will.
- The touching was done for the specific purpose of sexual arousal, sexual gratification, or sexual abuse.
- The defendant must have touched the bare skin of the other person’s intimate part.OR the other person’s bare skin must have touched the defendant’s intimate part either directly or through clothing. Intimate part is defined as the anus, groin, sexual organ or buttocks of anyone and the breast of a female.
What is the difference between a Misdemeanor and a felony sexual assault?
Misdemeanor sexual battery removes the requirement that the other person be restrained and that touching be made on or with bare skin. Example: someone fondles a woman’s breast through her shirt could be prosecuted for misdemeanor sexual battery as long as the victim was not restrained. If restrained it could be charged as a felony assault.
If you need a bail bondsman who understands sexual assault bonds and specializes in helping people charged with felony and misdemeanors.
A bondsman that will not only explain the bond process but discuss, explain and prepare you for what changes could occur or need to be prepared for. I am Chad Conley the owner of Chad Conley Bail Bonds and I specialize in bail bonds for sexual assault charges. I will give you the lowest priced, honest, straight forward, professional, private, experienced care you need. Please call me to discuss your case at 855-223-2423
Ca “Domestic Battery” Law Penal Code 243(e)(1) PC
The charge of “domestic battery” is one of the more common domestic violence charges.
What is Penal Code 243?
California’s domestic battery law, Penal Code 243(e)(1) is any willful and unlawful touching that is harmful or offensive—and is committed against the defendant’s spouse or former spouse, the defendant’s cohabitant or former cohabitant, the defendant’s fiancé(e) or former fiancé(e), a person with whom the defendant has or used to have a dating relationship, or the father or mother of the defendant’s child.
What is there is no injuries?
A defendant can be arrested and convicted of domestic battery (sometimes known as “spousal battery”) even if the “victim” is not injured. All that’s required is that the defendant use “force” or “violence”.
What is the difference between Domestic Violence and Domestic Battery?
PC 273.5 Domestic Violence charge which requires that the victim suffer some form of physical injury. Domestic violence is also commonly referred to as domestic abuse, spousal abuse or spousal battery. “Abuse” means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury. “Domestic violence” means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has a dating or engagement relationship.
PC 243 Domestic Battery which is corporal injury on a spouse, cohabitant, or parent not requiring physical injury.
What are the unintended consequences that come with a domestic violence conviction?
Although PC 243 is a misdemeanor it is still crime that will go on your record and can cause you to loose your license if you are a doctor, realtor, lawyer bail bonds etc because it is considered a crime of moral turpitude. If you have been arrested for any form of domestic violence you should post a bail bond immediately and find a good criminal defense attorney to help you with your case.
What should I do if arrested for DV?
The first thing you should do is post a bail bond immediately. This will allow you to meet with your attorney or interview attorney’s. Your attorney can be proactive in trying to get the district attorney to not file charges. Sometimes PC243 arrests have nothing more than a he said she said and the police arrest a person because they have liability if someone later gets hurt and yet there is not enough evidence to file and win a case. This is when a good attorney maybe able to convince the DA’s office that the case is too weak to file.
Why should a bail bond be posted immediately when arrested for domestic battery or violence?
It is important to remember that all jail phone calls are recorded. This means you have no privacy to discuss what just occurred. You cannot interview attorney’s nor have a lengthy comfortable private meeting with your attorney to discuss your defense.
Can Domestic Battery PC 243 be increased to Domestic Violence PC 273.5?
Yes, and this is another reason to post a bail bond immediately. You are arrested for Domestic Battery with no signs of injury. Later bruising shows up and if reported it can give the district attorney the reason to argue the charge should be increased or the defendant should be charged with domestic violence a greater charge which can also be charged as a felony.
What is the bond amount for Domestic Violence or Domestic Battery?
Domestic Battery is generally charged as a misdemeanor whereas Domestic Violence can be a misdemeanor or a felony. Bail bond amounts generally go from $20,000 to $100,000. The majority of PC 243 bonds are up to $20,000 and the majority of PC 273.5 bonds are $50,000.
If you need help with a domestic violence or battery bail bond please call me for a complete explanation of the process and options. Payments plans available.
Chad Conley Owner of Chad Conley Bail Bonds 855-223-2423
California Penal Code Section 273.5 and 13700-13702 are the state laws that give definition to domestic violence in California Superior Courts.
It states: “Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to $6,000 or by both that fine and imprisonment.
What are the differences between a domestic violence bond and other bonds?
– First Domestic Violence Bonds are probably the only bond that the reported victim is generally the cosigner for the bond
– Secondly domestic violence PC 273.5 bonds often have problems other bonds don’t have. The biggest problem that often happens is a person is arrested and a bail bond is posted. Court dates for DV are generally within 5 days which is very fast. This doesn’t give the District Attorney’s office much time to file charges. If you show up at your court date and charges have not yet been filed the court will automatically exonerate/ void the bail bond 15 days after this date. If charges are filed after this time you will most likely show up at court and need a bail bond.
– There maybe temporary/ restraining orders in place between the defendant and others that maybe part of the bond
What happens if the District Attorney declines to file charges?
There are many times when someone is arrested by a police officer or sheriff for domestic violence and the district attorney does not pick the case up. This means the DA does not chose to file charges against who was arrested. This can happen for several reasons such as there isn’t enough information or proof to win the case. This means you were arrested and posted bond but the case is not being filed against you.
Will you still have to pay the bondsman if the charges are not filed?
The straight forward answer is yes. Across the board when a “Bond” is posted the premium is earned the moment the defendant either steps foot out of jail or court. The liability could be for a day or a year or longer but it starts the minute a person is released. Very often initially no charges are filed within the 15 days or even 60 days and the client don’t want to pay the balance only to find out they need another bond and are happy they did because the bondsman can reassume the original bond and save you a lot of money.
What should I do if they call from jail?
Remember that the phone is recorded. You do not want to discuss any part of you case over the phone. Make sure you ask them what police or sheriff department they are at? Make sure you get their exact spelling of their name and date of birth. Remind them to not talk to the police until they have a criminal defense attorney with them.
If you are wanted for questioning, being charged with or a loved one is in jail arrested for domestic violence please call Chad Conley, Owner of Chad Conley Bail Bonds.
The first thing you do is call a bail bondsman to post a bond. This will allow you to be out of custody to fight your case. You will be able to set up multiple attorney appointments and interview who might be best for your case.
How do I find the right bail bondsman for a PC647 charge?
Selecting the right bond company and bondsman can be very different for this kind of case and here is why. First off most people although they won’t admit it are very judgmental. The vast majority of bondsmen work for larger or corporate bond companies and have little power after they have sold the bond. This kind of case is very personal and will normally last a very long time. This means you will have a relationship with the bond company and what this relationship is can be very important to the outcome of your case!
What is important to consider when selecting a bail bondsman?
Some of the things to consider would be: Is the person on the phone an owner or sales agent? What is the cost of the bond? Are there any additional fees, interest, posting fees? If charges are added and the bond goes up will the bondsman give credit for amount already paid or will you be forced to pay for an entirely new bond? What happens if the DA files after the arraignment plus 15 days? Will they reassume the bond or tell you sorry you need a new bond? (This happens a lot in PC647 and PC288 cases)
Are all calls and communication with an inmate in jail private?
Remember that when speaking to any inmate in jail that every conversation is recorded. As much as you may want to hear what happened you must not ask them over the phone. It is best to post a bail bond and save this conversation for privacy after they are bailed out.
What is PC647(a)?
You are charged with California Penal Code 647(a) when you engage in lewd or dissolute conduct in any public place, or you solicit someone else to do so. Lewd conduct is defined as touching your or another’s private parts for the purpose of sexual gratification, or to annoy or offend someone else. Private parts refer to the genitals, the buttocks, or a female breast.
What are the Penalties for California Lewd Conduct in Public?
Violation of Penal Code 647(a) is a misdemeanor. It is punishable by up to 6 months in county jail and/or a fine of up to $1,000. Currently, a conviction for lewd conduct in public does not require registration as a sex offender. However, prosecutors often charge it together with Penal Code 314 “indecent exposure” which does trigger lifetime sex offender registration. Most California Penal Code 647(a) lewd conduct arrests involve undercover sting operations. Decoy police officers pose as gay men in bathrooms, parks and adult bookstores. These undercover cops try to “bait” you into sexual behavior. When you expose yourself, masturbate, or propose some sexual act, they arrest you. It often amounts to very clear cases of police entrapment.
For more information please call me I can help. I will explain the entire process and make sure you feel confident you know how and what to compare and what your options are.
Chad Conley Owner of Chad Conley Bail Bonds. 855-223-2423
Orange County Sheriff Department Jail
550 North Flower Street, Santa Ana, Ca. 92701
This OC Sheriff facility has three jails.
Men’s Central Jail – Woman’s Central Jail – IRC – Intake Release Center
Although the address is N Flower St you will pick up and visit around the side at IRC which is off W 6th St.
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For my most up to date contact details click my vcard link.
Chad the Bail Guy
Recent Blog Posts
- Chad Colney Verified Complaint July 19, 2016
- How do you know the right bondsman for PC288 and does it matter? November 28, 2015
- What is different about a bail bond for a sexual assault? November 18, 2015