Being arrested can be very traumatic. Even if you’ve been arrested before, it’s certainly not something you’re eager to do again. Being arrested and charged with something as serious as rape can be downright scary. This is especially true if you’re innocent of the charges. One of the first questions you may have is – can I get out on bail? Nobody wants to spend days or weeks in jail if they don’t have to. Especially when they’ve been accused of something this serious. Other inmates don’t take too kindly to people in jail for rape.
This is why it’s so important that you contact a San Diego rape defense lawyer as soon as you’re arrested. You’ll get one call. That call should either be to an attorney or to a family member to ask them to call an attorney for you. You don’t want to spend any more time than is absolutely necessary for jail. You also don’t want to rely on a public defender for charges like rape or sexual assault.
Your San Diego defense lawyer understands how the bail system works. They can also help you get in touch with a bail bondsman who can help you post bail.
Is There Bail for Rape in San Diego County?
For the most part, people arrested in San Diego are able to get out on bail. There is a rape schedule that each county in California follows. These schedules list the amount of bail associated with each crime.
In San Diego, the bail set for rape or sexual assault is $100,000. This means that you need to come up with $100,000 in order to get out of jail. Even with the chance of bail, you’ll still need to spend a night or two in jail. Your attorney will have to request a bail hearing and that usually doesn’t take place for a day or two.
At your bail hearing, the judge will determine what your charges are. They’ll let your attorney know if you’re eligible for bail. If your only charges are for rape, there is a good chance you’ll be able to get bail. However, the judge isn’t going to lower the bail amount.
For most other crimes, your San Diego criminal defense lawyer can appeal your bail or ask for it to be reduced. However, for rape, there is no such possibility.
What If You Don’t Have $100,000?
Very few people actually have the kind of money needed to get out on bail. Unless you’re very wealthy or come from a family who has money, you’ll have a hard time getting your hands on $100,000. This is when you need the help of a bail bondsman.
A bail bondsman will actually post the $100,000 for you. In exchange, you’ll have to pay the bail bondsman a fee. Typically, this fee is about 10%. So, in order to get out on bail, you’ll have to agree to pay the bondsman about $10,000.
Bail bondsmen also don’t tend to trust criminal defendants to pay them back. This makes sense. If you’re convicted, you won’t be able to work and pay them back. This is why they’ll ask for a third-party to guarantee the fee. This is the same as a cosigner on a loan. Typically, this will be your spouse, sibling or parent.
If you skip town or otherwise don’t appear in court, your bail will be revoked. The bail bondsman will come after you and the cosigner for the money. They’ll also expect you to pay any monies they lose due to your failure to appear in court.
Can My San Diego Defense Lawyer Get Me Out on My Own Recognizance?
Some criminal defendants don’t actually have to pay bail. Their defense lawyer in San Diego asks the judge to let the defendant out on OR. This means you get out on your own recognizance. The court is trusting that you aren’t a flight risk and that you will show up for your court date.
For some crimes, however, the courts won’t let you out on OR. The crime is so serious, they just don’t trust that you will show up to face the music. Rape is one of these crimes. No matter what your lawyer says, the judge isn’t going to let you out OR.
If you’ve been arrested and charged with rape, you really need an experienced San Diego defense lawyer. They can help get your bail arranged. They’ll also work hard to get your charges reduced or dismissed. Contact San Diego Criminal today to schedule a consultation.