For the most part, if you get arrested in San Diego, you’ll be granted bail. This means that you can pay bail, or a portion of it, and be released. As long as you go to court when you’re supposed to, you’ll get your bail back. If you don’t show up, the court keeps your bail.
For most offenses, bail is relatively low. For example, if you’re arrested for shoplifting, you may not have any bail at all. You may be released on your own recognizance. It depends on the judge and your criminal history.
For other crimes, though, it’s not that simple. Regardless of where you get arrested, the courts consider some crimes too dangerous to let people out on bail. If you’re arrested for a crime such as rape or attempted murder, you may not have any bail at all. This means you’ll have to sit in jail until your trial.
If you’re arrested for rape in San Diego, the first thing you need to do is call a good sexual assault attorney San Diego. Your attorney will do everything in his power to get you released on bail.
San Diego Criminal Attorneys Know How the Bail System Works
If you’re arrested and charged with rape in California, you’re probably going to spend at least a night or two in jail. After you’re arrested, your bail will be set. Most of the time, the judge will simply follow the bail schedule for the State of California.
Bail in California for the crime of rape is $100,000. Bail is the same whether you’re charged with rape, spousal rape or solicitation for rape. This means that in order to be released, you’ll have to post $100,000 bail.
If you don’t have this kind of money (which most of us do not) you may be able to get help from a bail bondsman. These companies will post bail for you in exchange for a fee. You’ll have to sign a contract agreeing that you’ll pay the bond back if you miss your court date. You’ll also have to agree to pay a fee for the service. Most companies charge 10%.
If there’s no way you can come up with bail, your attorney can ask the judge to reduce the bail. If the judge does this, he may put certain conditions on your bail. Just keep in mind, for a crime as serious as rape, the judge is not likely to reduce your bail at all.
Your Criminal Lawyer in San Diego May Try to Get Your Bail Reduced
As mentioned above, your San Diego criminal attorney can ask the judge to lower your bail amount. He’ll do this by requesting a bail hearing. Keep in mind, reduced bail is usually not an option for violent offenses. In the rare circumstance that a judge will consider this request for a rape charge, he’ll take into account the following factors:
- How serious is the offense for which you’ve been charged?
- Your criminal history
- How you appear before the judge – are you polite, respectful, and professional?
- What are the odds you’ll show up for your next court date?
- What is your threat to the public?
- Are there any aggravating factors?
Your San Diego criminal attorney also knows that it’s not always a good idea to request a bail hearing. Information may come to light in the bail hearing that makes a judge increase bail. This is the last thing you need.
Can a Criminal Lawyer in San Diego Help with Bail?
Your lawyer is not allowed to pay any of your bails for you. It would be unethical and against the law. However, he can help you get in touch with a local bail bondsman. He can also make phone calls to your friends and family on your behalf while you’re in jail.
Even if your attorney is your family, they can’t directly post bail for you. The money cannot come out of your attorney’s bank account. So, if your relative is handling the case for you, make sure a third party pays your bail.
Call a San Diego Criminal Attorney Today
If you’ve been arrested for rape in San Diego, you need to contact a lawyer. These are serious charges and you will be facing serious jail time. Now, you do get that one proverbial phone call from jail. Of course, this call will be to a family member or friend.
It may be a good idea to ask your family member to call a lawyer for you. You won’t have access to a telephone once you’re arrested. Nor will you be able to google “criminal lawyers in San Diego.”
Your family member can call and schedule a consultation with a San Diego criminal attorney right away. If retained, your lawyer will make sure he gets to the jail and finds out what’s going on with your case.