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The problems many clients cause themselves when trying to get a bond reduction

The problems many clients cause themselves when trying to get a bond reduction

Someone has been arrested and their bond has been set so high there is no way you and your family can post the bond. You need a bail bond reduction. Whether this is because the premium or because of the collateral needed you are faced with the fact that bail bond amount must be reduced to get them out of jail or they are stuck.

Usually the first problem I see is that clients do not listen or hear the advise of their attorney.

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I can’t count how many times I have seen this and it hurts to watch over and over. Here is what I mean. You get one shot at a bond reduction hearing and unless there is a change of circumstance in the case you are stuck with the outcome. This means that if you are not successful at getting the judge to reduce the bond you are forced with the defendant stuck in jail or finding the money and collateral to pay for the existing bond amount.

When a family member is arrested emotions are high and the clock is ticking. Clients want the attorney to jump in and make it happen and fast often times feeling if they are not quick about it that they are not a good attorney or doing their job.

 

If you attorney tells you that you are not ready for a bond hearing you should listen as to why.

The attorney knows that first off its generally an uphill battle and that they only have one shot. Being prepared is important but getting case information from the Police or District Attorney quickly isn’t going to happen.

The bond amount is set based on multiple factors such as the CA Bail Schedule, the charges, the defendants likeliness to show up in court, danger to the community etc. In order for them to argue why your bail should be reduced they must have all of the things that will hurt or help your argument.

Being prepared means not only hearing what the defendant says happened but what the police report or DA file says after all this is what your bail was set based on and this is what your fighting. In addition they need to know if the defendant had priors, felonies, misdemeanors, failure to appears even on traffic tickets, what the police report says, who else is involved and what are the positions in the case meaning who is charged with what.

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Timing – when you ask for the bond hearing is another big factor.

 

All cases are different as are district attorneys and judges. When you go to court, what judge is on the bench and what district attorney you get makes all the difference. An example of timing would be you have a case where they are charging 8 people with gang and conspiracy charges and the judge has denied the others a reduction that morning. If your attorney wants to hold off on the hearing, try to move it to a different day, DA or court room you should listen. Lots of people become google lawyers but don’t understand the matrix and/or politics of it all.

If you want the best chance at getting a bail bond reduced then select an attorney you trust and listen to their advise.

Some things your Chad Conley Bail Bonds can offer that in some cases may help get the bail reduced.

For some drug use cases a GPS monitor and/ or admittance into an in patient rehab facility may also be helpful but usually on drug or alcohol cases which are generally not considered large bond cases and often the cost of the GPS will add up to more than the bail premium saved. But in some cases it is helpful. If you would like to talk about your bail bond amount to see if a reduction is possible or have any questions regarding bail bonds please call me.

Chad Conley

855-223-2423

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

 

The differences for a sexual assault charges that affect the bond:

The biggest difference is these cases seem to have bail bond changes more often than other charges. Having a good bail bondsman is very important because often these changes will require your bondsman to rewrite the bond or give credit towards a new bond or you will pay twice. These are just a few things that happen more often in a sexual assault case.

  • Late filing or filing by DA after the court has exonerated the original bond
  • Charges originally filed are often changed or increased requiring a new larger bond
  • Bonds reduced or increased will affect premium and collateral used for the bond
  • Restraining orders are often place against the arrestee making living arraignments difficult

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 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.

I will explain the bail process so you can make an informed decision.  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