Rape is a severe sex crime that can negatively affect your life, future, and livelihood. On top of serving time and paying a hefty fine, you will be subjected to moral judgment. Returning your life to normalcy after the accusation can be challenging. Thankfully, you can request that the judge grant you bail. With bail, you can secure your pre-trial release, return to work, and work with your defense attorney to build your case. Due to the seriousness of the crime, the judge could set a higher amount than you could afford. In this case, you can take advantage of Murrieta bail bonds.

Please read this comprehensive guide to learn about rape and how bail and bail bonds for rape work.

Defining Rape

Rape occurs when an individual engages in sexual intercourse without the victim's consent.

The prosecution could charge you with rape if you had sexual intercourse in the following ways:

  • The victim was in fear of sustaining bodily injuries or harm to another individual
  • You used intimidation, physical force, threats, or coercion
  • The victim was sleeping, unconscious, or unaware that sexual conduct was happening
  • The victim had no mental ability to consent due to intoxication, physical disability, or developmental delay.
  • You engaged in a sexual act by committing fraudulent representation.

Whether the prosecution files rape charges against you depends on the facts of the case and the nature of the act. The prosecution must have sufficient evidence to verify every fact of the offense. Otherwise, the judge will dismiss the charges.

Key legal terms used during rape prosecution include the following:

  • Rape — It involves engaging in sexual relations with an individual against their will. Any penetration, no matter how long it occurs, is a legal ground for a rape charge under Penal Code 261.
  • Consent — It happens when someone intentionally and knowingly agrees to partake in sexual intercourse
  • Minor — Any person below the age of 18

Penalties For Your Rape Criminal Charges Conviction

Rape is a felony crime whose conviction is punishable by:

  • Three (3), six (6), and eight (8) years in California state prison
  • Felony or formal probation

If the victim was an underage child under 14 years old, it is punishable by nine (9), eleven (11), or thirteen (13) years in state prison.

If the victim was an underage child between fourteen (14) and eighteen (18), the offense is punishable by seven (7), nine (9), or eleven years in state prison.

If the victim sustained great bodily injuries (GBI) during the crime commission, the court enhanced the penalties by an additional three to five years in California state prison.

The defendant also risks facing a fine not exceeding $10,000 and a strike per the Three Strikes Law. You could also face a compulsory requirement to submit your name to the sex offender registry for life, according to PC 290.

Finally, since rape is a crime involving moral turpitude (CIMT), an undocumented immigrant could face denial of entry into the U.S. or deportation.

Effective Defenses to Rape Charges

Appropriate defenses that your attorney can employ against the rape charges include the following:

  • Mistaken identity — It is not uncommon for someone to be misidentified as the perpetrator. In cases where the identity of the individual who committed the rape is in question, a defense attorney should submit proof that shows that there was an issue of mistaken identity. DNA proof can be highly compelling to show your innocence.
  • Mistaken age — The law allows you to plead a mistake of age as your defense to statutory rape offenses, as long as the victim lied about their age or a reasonable individual would believe that the alleged victim was above 18.
  • Sexual intercourse did not occur — You could prove your innocence by presenting proof that there was no sexual intercourse between you and the alleged victim. Rape victims should seek immediate medical attention following the rape incident so they can have substantial proof of the crime after a doctor thoroughly examines them. The evidence could be interfered with if the alleged victim did not seek immediate medical attention. If this is the case, the prosecution does not have substantial proof to show that the non-consensual sexual intercourse occurred. Your attorney will know how to use this defense strategy to your advantage.
  • You had consent — It is an effective defense to prove that the alleged victim agreed to the sexual intercourse. You can also argue that the alleged victim never withdrew their initial consent.
  • False accusation — Rape charges could be the result of a misunderstanding about consent. It might be a complete lie. An alleged victim can file rape complaints in Golden State without substantial proof.

How Bail and Bail Bonds for Rape Work

Bail is the money a suspect pays to secure their release from detention pending the resolution of their case.

It is a deposit to ensure a suspect shows up for their court hearing. You can post bail in cash or use Murrieta bail bonds. The court will refund the money paid as bail after the case is concluded.

After a police officer arrests you for rape, they will book you into jail. The booking procedure involves law enforcers recording every personal detail in their database and impounding your personal effects. Upon booking, you can call your loved ones, a bondsman, or a criminal defense attorney.

Next, the jail officials will schedule a hearing, in which the judge will determine the bail amount.

Understanding Bail Schedule

A bail schedule is a standardized guideline stating each offense’s maximum and minimum bail amounts. The schedule is based on different factors, including your probability of court appearance. The judges will also consider your criminal history and the severity of the alleged offense.

The objective of the bail schedule is to guide the judge when setting your bail. It also ensures fair treatment, no matter the offense.

The judge can divert from the bail schedule when setting bail amounts. For instance, the judge could set a heftier bail if they believe you can flee and do not have strong community ties. Likewise, the judge could set a lower bail amount if you have an excellent track record of honoring your scheduled court dates.

The bail amount for rape offenses in Orange County and Los Angeles County is $100,000 per count. Nevertheless, not every county in California is the same. The law mandates that bail bond firms cannot charge beyond a 10 percent premium of the bond amount. Therefore, your premium will be $10,000 if the bail schedule for rape per PC 261 is $100,000.

It is crucial to note that the judge cannot grant bail to every suspected individual. Based on the specific case facts relating to your felony rape crime, you might not be eligible to obtain bail.

Bail Bond Financing

If you cannot raise your bail, you can use a bondsman. Your bondsman will pay the entire bail amount and take responsibility for promising the court that you will show up in court when needed in return for a 10% non-refundable premium.

Nonetheless, sometimes, even the premium is more than you and your family can afford. Your Murrieta bail bonds firm can work with you on a flexible, affordable payment plan arrangement and tailor it to you based on your needs.

The key aspects to expect in your bail bonds payment plan include the following:

  • Down payment — Even when you cannot post your bail bond, you must still post a down payment, which will act as your first installment. In most scenarios, you must pay a significant percentage of your original bond. The higher the down payment, the greater the possibility of obtaining a bond payment plan. However, if you cannot afford to pay the amount, you should engage in further negotiations with the bail bond firm.
  • Making installments — Installments enable you to post bail in installments rather than paying the full amount at once. Ideally, you will repay your agreed-upon amount each month.
  • Interest rates — Like any standard bond, your Murrieta bail bonds financing payment plan will have interest rates. The bond company allows you to negotiate a precise rate, and you can also work together to have a bond payment plan with a low interest rate.

Murrieta Bail Bonds Payment Plan Eligibility

Bail companies consider the following factors to determine your eligibility before granting you a bail bond payment plan:

  • Employment history
  • Credit score
  • Arrest history
  • Cosigner's credit rating if you are seeking a bail bond for another individual
  • The perceived capability to repay your bond

Some bail bond companies ask for an additional set of qualification criteria, which can include the following:

  • Being above 21
  • Having an open checking account
  • Being in the same job for more than one year

What Occurs If You Cannot Pay Your Bail Bonds Premium Installments

Failing to meet your end of the bargain concerning the bail bond repayment can lead to bail revocation and the police returning you to their custody as you await your trial. It could happen if the bondsman determines that you could attempt to skip court for the hearing of your case.

If you are struggling to repay, notify the bail bond firm immediately. You should also negotiate for:

  • a longer repayment duration with lower monthly installments or
  • lower interest rates.

That way, you will avoid further issues. Your bail bond firm can notify you if any other options exist to address your financial difficulties.

Frequently Asked Questions

Some of the commonly asked questions about bail bonds for rape include the following:

Can You Remove a Rape Bail Bonds Lien on an Asset?

If you obtain a bond using real estate as collateral, the bondsman will put a lien on your house. To lift the lien, you should satisfy the bail agreement conditions, including presenting yourself in court when needed and paying the relevant fines. Next, you should contact a Murrieta bail bonds firm that will lift the lien from the property.

If your bail bond firm fails to lift the lien, you should file a petition to nullify it at the court where you obtained your bail. You should offer evidence demonstrating that you fulfilled your terms and conditions.

What is Bail Bond Reinstatement?

Bond reinstatement means reinstating your bail if the judge has revoked it after your FTA (failure to appear) criminal charge. The judge then schedules new court dates and grants bail bonds again.

Failing to reinstate your Murrieta bail bonds can result in an arrest. Remember, the judge issues an arrest warrant after revoking bail for failure to appear. If you think you will miss your court hearing or have already jumped bail, contact your bondsman. The company will file the reinstatement for you.

Please note that the reinstatement process involves fees. Those fees are part of your bondman's payment. They are your responsibility as a client. Additionally, you will incur additional court expenses during the procedure.

While the procedure might seem simple, it needs the assistance of a lawyer for more straightforward navigation.

Whom Should You Contact First: A Sex Crime Defense Attorney or a Murrieta Bail Bonds Company?

While it is wise to retain both a bondsman and an attorney after your rape arrest, it could be in your best interests to call a bondsman first. The lawyer will help you fight the charges, but the bondsman will secure your pre-trial release. This is why the release is essential:

  • The release gives you more leverage — When in custody, the prosecutor can offer a plea bargain where you should plead guilty to a less severe charge. Unfortunately, the deal could lead to a conviction for a law violation you did not engage in.
  • Having legal representation is not a guarantee of freedom
  • With bail bonds, you can return to work and your family

Find a Competent Bondsman Near Me

When a loved one is accused of rape, one of your initial thoughts could be how they are going to secure their release from police custody. It is especially true if neither you nor the suspect have the funds to post bail. In times of uncertainty, know that support and help are available. Fausto Bail Bonds understands that unexpected events occur, and we can offer affordable financing plans and help you make decisions that meet your legal needs. Our services are available round-the-clock to all California jails and courts. Our bondsmen are also skilled in handling different types of Murrieta bail bonds. Please contact us at 855-328-7867 to secure your release promptly.