Getting arrested in Denver, Jefferson, or Arapahoe County is often scary, overwhelming, and stressful. Without warning, you are handcuffed and taken from your home or work and escorted by police directly to the Weld, Larimer, Douglas, or Adams County jail if the crime occurred within their jurisdiction. There, you realize that you will not be released until you make a bail or bond payment. Depending on the crime, the bail or bond amount may be relatively small, but for felony sex crimes like Internet Luring of a Child (CRS 18-3-306), Incest (CRS 18-6-302), or Sexual Assault on a Child (CRS 18-3-405), the amount of bail or bond is very high.
Keep in mind that you have to pay the amount even if you are not guilty. Paying the bail or bond amount is kind of like paying to get out of jail during a game of monopoly. You have no choice in the amount you have to pay, but you must pay it if you want to be released. Unfortunately, there is no trial beforehand to see who is guilty or who is innocent and should not have to pay bail or bond. An experienced sex crime lawyer knows how to request the court lower your bond / bail.
Posting bail or bond is a guarantee to the justice system that the defendant will show up for court. Even if the person is not guilty, the District Attorney has still pressed charges and a bond is necessary. With a cash bond, you get your bail or bond money back when your experienced criminal defense attorney negotiates with the District Attorney and your charges are dismissed.
If the defendant is found not guilty at trial or by a judge the bail or bond money will also be returned. In the case of any plea bargain, where someone agrees to plead guilty to a lesser crime, the bond money will also be returned. If the person does not show up for court on the appointed day, even if they are later found not guilty, the money will not be returned. When using a bondsman or surety to post your bond, you always lose your bond premium, regardless of the outcome of your case. Bondsmen merely rent you the use of their money.
Bail or bond in a sex crime case can be very expensive. If police arrest you for a felony or misdemeanor sexual assault, be smart, exercise your right to remain silent, and contact the experienced criminal defense attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.