Determining if Sex Offenses Are Eligible for Bail

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Determining if Sex Offenses Are Eligible for Bail

sex offenses eligible bail

There are a few factors that will play a major role in whether someone is eligible for bail and bail bonds after being arrested, and one of these is the type of crime they were arrested for. One particular category of crimes is sex offenses — if you or someone you know has been arrested on such a suspicion, will you be eligible for bail and bail bonds?

At Beehive Bail Bonds, our bail bond agents are the best in Utah, providing 24/7 services and also answering important questions like these for all our clients. The answer to the question above: Sometimes, and whether those charged with sex offenses will be eligible for bail — or able to pay it — will depend on a few variables. Let’s go over these so you have the full range of information needed.

State Law Vs Federal Law

One of the key factors to consider here is whether the sexual offense in question falls under state or federal law jurisdictions. While most sex offenses fall under state law, there are also more serious federal offenses that could be charged in cases like rape, sexual trafficking of minors, and child pornography.

For many of the more minor state-based sex offenses, bail will usually be granted, and the person can often post bond and be released from jail pending their trial. However, for more serious offenses or those under federal jurisdiction, bail is often not an option. In these cases, a person will likely have to wait until their trial to be released from custody.

The Type of Offense

Another important factor to consider is the specific type of sex offense with which someone has been charged. There are a range of offenses, from public indecency to rape, and each carries its own weight and severity.

For example, indecent exposure or public masturbation might result in a lower bail amount than a charge of aggravated sexual assault. The seriousness of the charge will also be a factor in whether or not bail is granted.

Danger to Others?

When determining whether bail will be offered for those arrested for sex offenses, another key factor is whether or not the accused is considered a danger to others. This takes into account such factors as the age of any potential victims and the nature of the crime.

If it is determined that the person poses a significant threat to public safety, bail will usually be denied and they will have to wait in jail until their trial.

Possible Defenses

Finally, it’s important to note that there are a few possible defenses against sex offense charges that can help increase the chances of being granted bail. If it can be shown that the accused was misidentified, for example, or that the alleged victim gave false testimony, this could lead to a bail being granted.

Conditions That Must be Considered

Using the above guidelines plus some others, here’s a basic rundown of conditions that must be considered before a judge will offer bail to someone accused of a sex offense:

  • Verification of criminal record: Using basic background check methods, the court will pull up the defendant’s criminal history to see if they have any previous convictions for sex offenses. While such previous convictions would not necessarily eliminate the potential for bail, they would certainly make it less likely.
  • Prior appearances for court hearings: If the defendant has a past criminal history, whether it involves sex offenses or others, the court will also look at their record of appearances in court. This measures how likely the defendant is to show up for their hearings and to cooperate with the legal process.
  • Family ties and friend connections: In addition, the court will look at the defendant’s ties to their community. Do they have strong family and friend connections that would make them likely to stay in town and appear for their hearings?
  • Work record and finances: The court will also examine the defendant’s work history and financial situation. Does the defendant have a steady job with a good income? Do they have any assets that could be used to post bond?
  • History of violence or danger to community: As noted above, one of the key factors in deciding whether to grant bail is whether or not the defendant is considered a danger to others. To make this determination, the court will look at the defendant’s past history of violence, as well as any evidence that they might be a threat to the community if released on bail.
  • Mental health condition: Another important consideration is the defendant’s mental health condition. If it is determined that they are not able to understand the charges against them or to assist in their own defense, bail will likely be denied.

If any of these areas are not deemed to be in favor of the defendant, it is much less likely that they will be offered bail. For instance, in a case where someone is accused of a serious sex offense and also has a history of not appearing in court, it is unlikely that bail will be granted.

While each case is unique and the above conditions are not set in stone, they provide a general overview of some of the factors that go into deciding on bail for those arrested for sex offenses. If you have any specific questions about your own situation, it’s best to contact experts.

For more on this, or to learn about any of our bail bond services and how we assist clients, speak to the staff at Beehive Bail Bonds today.