Bail Bond for a PC 286 Sodomy Arrest/Charge

What is different about a bail bond for a PC 286 Sodomy charge?

First off, these charges or arrests for sodomy can happen just on the word or accusation of one person. Innocent until proven guilty seems like it has been thrown out the window when it comes to forcing the defendant to post a bail bond to get out of jail in the first place. Secondly, in California, a Sodomy or Rape charge generally has a high bail amount set. I generally see this charge filed along with other sex crime charges usually requiring an even larger bond. One of the things I also often see is that family members are in shock at the allegations and want answers now. The mistake people often make is forgetting  that when someone is in jail their phone calls are recorded and anything they discuss regarding the case can be used against them. I often hear people being more judgmental when deciding to cosign than with other crimes or charges. The family and friends or the defendant and accuser may be mixed.

What other charges do bail bondsmen normally see charged along with PC 286?

  • PC 288 Lewd Acts with a Child or PC 261 Rape

What should I look for in a bail bondsman or Bail Company when posting a bond for a Sodomy charge?

    • Experience
    • Work direct with the owner
    • No annual premium renewals
    • No premium charge for DA late file of same charge/case
    • Bondsman with court experience
    • Low premium
    • Premium rebates
    • Paid in full lowest cost rebate
    • PC 288 Lewd Acts with a Child or PC 261 Rape

Yes, it matters a lot for so many reasons.

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 any time 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 that the bond is only good for one year and then 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 when posting a large bond if 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 may all have a very different feeling about posting bail. There may be 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

286.  (a) Sodomy is sexual conduct consisting of contact between the

penis of one person and the anus of another person. Any sexual

penetration, however slight, is sufficient to complete the crime of

sodomy.

   (b) (1) Except as provided in Section 288, any person who

participates in an act of sodomy with another person who is under 18

years of age shall be punished by imprisonment in the state prison,

or in a county jail for not more than one year.

   (2) Except as provided in Section 288, any person over 21 years of

age who participates in an act of sodomy with another person who is

under 16 years of age shall be guilty of a felony.

   (c) (1) Any person who participates in an act of sodomy with

another person who is under 14 years of age and more than 10 years

younger than he or she shall be punished by imprisonment in the state

prison for three, six, or eight years.

   (2) (A) Any person who commits an act of sodomy when the act is

accomplished against the victim’s will by means of force, violence,

duress, menace, or fear of immediate and unlawful bodily injury on

the victim or another person shall be punished by imprisonment in the

state prison for three, six, or eight years.

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If you have questions regarding a bond please call me. I will explain the entire process and give you all your options so you can make an informed decision.

California Penal Code 286

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