Sexual crimes are very complex, and judges are cautious when deciding on bail. Due to the sensitivity of these crimes, ranging from sexual assault to prostitution, the best option is to approach seasoned experts on sexual assault bail bonds in CT. Bondsmen possess the expertise to act quickly and on behalf of the defendant arrested and accused of sex crimes so that they can be set free to organize their defense outside of jail.
The judge that decides on whether a defendant may be released on bail when determining the amount of the bail considers many aspects. These include the defendant’s previous criminal history, flight risk, the circumstances of the crime, and more.
How does bail work?
After the suspect’s arrest, the process usually unfolds in the following manner: the suspect is taken into a police station, where they’re identified, and their fingerprints and mugshots are taken. They are then placed into custody in a holding area with prison cells..
Depending on the severity of the crime, the accused is allowed to post bail and go home. However, in cases of more serious crimes, suspects often remain in police custody until a court hearing is scheduled or until the court decides they are allowed to post bail and continue their defense from home.
Bail hearing
In the case of sex crimes, the suspect accused of more serious crimes will often have to remain in jail until a scheduled bail hearing is held. The judge will determine whether the accused will be allowed to post bail and determine the bail amount.
No funds for bail
Very often, the accused or their family do not have the necessary funds required for the bail. In such a situation, the help of a bail bondsman is required. They charge a certain percentage of the bail amount (usually not more than 10% of the bail amount) for their services. In return, they are liable for the entire bail amount in case the accused does not show up in court or skips bail. They recover the funds for the bail once the legal process is finalized.
Bail conditions for sex crime cases
In certain sex offenses, courts may include additional conditions for the bail to be posted. For example, in cases related to rape and domestic violence, a common condition the court imposes is to ban the defendant from approaching or contacting the alleged victim.
One of the justifications for the entire bail system is that defendants may be found not guilty. Thus, an innocent person may end up waiting for months in prison after their arrest before the trial begins. Therefore, defendants must be given a chance to prepare their defense and explain their side of the story.
The judge will consider several factors when deciding to set bail in sexual assault cases:
Type of sex crime charge
Sexual assaults may be treated legally and prosecuted as misdemeanors or felonies based on the type and severity of the offense. Obviously, bail amounts for defendants charged with felony offenses are higher than those set for those charged with misdemeanor sexual assault.
Nature of the case
The bail hearing itself is not a full trial. However, judges must still hear the most important facts of the case to be able to determine the bail amounts for sexual offense cases. In situations they find the circumstances to be especially egregious, judges have the liberty to decide that there is no room for bail and that the accused must remain in jail.
The defendant’s criminal history
Among the crucial factors that judges take into account when considering bail for sex crimes may be the criminal history of the accused. The judge will review whether the defendant has a history of prior convictions, especially in sexual offense cases. They will also take into account if the defendant has a record of having skipped bail or not having appeared in court when summoned. Typically, the judge will either post a very high bail amount or refuse to grant the option of bail altogether.
Community ties
Although this element is not as important as the issue of the crime itself, their ties to the community may prove to be important. They may be a good indication of whether there is a likelihood they might try to flee justice and skip bail. Elements such as employment of the defendant, ownership of property in the area, presence of close relatives are usually taken into account by judges when considering the defendant’s ties to the community.
Are you accused of sexual assault? Get in touch with reputable bail bond experts in CT
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