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