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What is different about a bail bond for a sexual assault?

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

Arrested for California Penal Code Section 273.5?

 

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.

 

What do I do if arrested for Penal Code 647(a) Engaging in or Soliciting Lewd Conduct in Public?

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