If you have a sex crime arrest warrant in California, it’s essential to take immediate action to protect your legal rights and minimize the potential consequences. This blog will provide you with a comprehensive guide on what to do if you find yourself in this situation.
Arrest Warrants related to sex crimes in California can pose a significant risk. In Los Angeles County, where I conduct a considerable amount of business, the police tend to act aggressively when executing warrants for sex crimes, often arriving with a strong show of force, including weapons.
Law enforcement officers searching for individuals on warrants for sex crimes can be extremely perilous. They may enter homes or businesses with force, creating a hazardous situation. Being in a position where the police view you as a dangerous sexual predator, and then decide to take matters into their own hands, while you are unarmed, is not a desirable situation to be in.
When facing a sex crime arrest warrant in California, it’s essential to understand your legal rights and options. One of the most crucial rights you have is the right to remain silent. You don’t have to answer any questions from law enforcement without an attorney present. It’s also important to note that anything you say can be used against you in court. Therefore, it’s best to avoid making any statements until you have spoken to an experienced criminal defense attorney.
If you have an arrest warrant, the first step is to turn yourself in and then hire an attorney. This approach shows the judges that you’re taking the matter seriously and want to address it. By being proactive and seeking legal counsel, you’re demonstrating that you’re willing to take responsibility for the situation and work towards a resolution.
The fact that you have a hired attorney and are willing to turn yourself in and deal with a warrant undermines the prosecutor’s claim that you might try to flee. In other words, if you were really a flight risk, why would you voluntarily come forward with legal representation?
The prosecution will also consider whether you pose a threat to the community, based on the details of your case and your criminal history. However, with the help of our skilled sex crime defense attorneys, who are among the best in California, we’ll explore this issue more thoroughly and develop a strategy to address it.
Which Sex Crimes Are Most Frequently Charged in California?
There are several sex crimes that are frequently charged in California. Some of the most common sex crimes charged in California include:
- Penal Code 311 PC – child pornography
- Penal Code 647.6 PC – child molestation
- Penal Code 288 PC – lewd acts with minor
- Penal Code 288a PC – oral copulation with minor
- Penal Code 290 PC – failing to register as a sex offender
- Penal Code 314 PC – indecent exposure
- Penal Code 647(b) PC – prostitution and solicitation
- Penal Code 243.4 PC – sexual battery
- Penal Code 261PC – rape
- Penal Code 261.5 PC – statutory rape
- Penal Code 266h PC – pimping
- Penal Code 266i PC – pandering
- Penal Code 288.4 PC – arranging a meeting with a minor
- Penal Code 288.2 PC – harmful material to seduce minor
- Penal Code 288.3 PC – contact minor to commit a felony
- Penal Code 288.5 PC – continuous sexual abuse of a child
- Penal Code 289 PC – sexual penetration with a foreign object
- Penal Code 647(a) PC – lewd conduct in public
- Penal Code 647(J)(4) PC – revenge porn
- Penal Code 653.22 PC – loitering for prostitution
- Penal Code 653.23 PC – supervising or aiding a prostitute
What Factors Does a Judge Consider When Setting Bail After a Sex Crime Arrest?
Each county in California has a bail schedule that outlines specific bail amounts for various crimes. If you are arrested for an outstanding warrant, your family can consult the bail schedule or seek the assistance of a bail bondsman to determine the amount of bail required for your release.
If you are arrested for a misdemeanor sex crime warrant, like sexual battery, you may be released without bail after being booked at the jail. However, if the sex crime is listed on the county’s bail schedule, you will usually have to post a bond to be released. At the first court appearance, the judge will either keep the original bail or modify it based on the circumstances of the case.
If you or your defense lawyer disagree with the bail amount set by the judge, you can request a bail hearing within two days of your arraignment to challenge it. During the hearing, the judge will have the discretion to leave the bail amount as is, increase it, decrease it, or release you on your own recognizance (OR), depending on the arguments made by your lawyer and the circumstances of the case.
When making this determination, the judge will consider various factors, such as:
- Type of sex crime you are charged with
- Flight risk
- Risk to society
- Bail schedule
- Prior criminal record, and
- Any failures to appear in court
In cases involving more serious sex crimes, the judge will typically set a higher bail amount. When deciding on the bail amount, a judge will primarily consider two factors: whether you are a flight risk and whether you pose a danger to the community. To assess your likelihood of fleeing, the judge may review whether you have any family, children, or property in California that you would not want to leave behind. Additionally, the judge will assess the risk of you committing further crimes if you were to be released on bail.
An attorney can work with you to develop a defense strategy that is tailored to the specific circumstances of your case. This may involve challenging the evidence against you, negotiating a plea bargain, or taking your case to trial. Here are a few examples:
- Challenging the Evidence: One of the most effective defenses in a sex crime case is to challenge the evidence presented by the prosecution. This could involve questioning the reliability of eyewitness testimony, challenging the admissibility of physical evidence, or disputing the accuracy of forensic testing. An experienced criminal defense attorney can help identify weaknesses in the prosecution’s case and work to have evidence excluded or discredited.
- Consent: In some cases, the alleged victim may have given consent to engage in sexual activity. If this is the case, it’s possible to argue that the sexual activity was consensual and not a crime. However, it’s important to note that consent must be given voluntarily and without coercion or threats.
- False Accusations: Unfortunately, false accusations of sexual misconduct do occur. This could be due to a variety of factors, such as jealousy, revenge, or a desire for attention. If you believe that you’ve been falsely accused, an experienced criminal defense attorney can work to investigate the circumstances surrounding the allegations and present evidence to support your defense.
- Alibi: If you can provide evidence that you were somewhere else at the time the alleged crime occurred, this could be a strong defense strategy. This could involve providing witnesses, receipts, or other forms of documentation to support your alibi.
- Mental Incapacity: If you have a mental illness or disability that affects your ability to understand or consent to sexual activity, this could be a viable defense strategy. An experienced criminal defense attorney can work with medical professionals to evaluate your mental state and determine if this is a viable defense.
Please note, these are just a few examples of defense strategies that may be available to you if you have a sex crime arrest warrant in California. It’s essential to work with an experienced criminal defense attorney who can evaluate your case and determine the best strategy for your situation.
Contact Tabibnia Law Firm For Help
Ignoring an arrest warrant and doing nothing is not a wise decision. You may face even more serious consequences when you are eventually caught. A judge may view your behavior as an attempt to evade justice and may impose stricter penalties.
This means that if you were not planning to surrender yourself to the authorities or take care of the warrant in any way, the judge may be less inclined to grant you bail. They may see you as a flight risk and may choose to hold you without bail, particularly if the case involves a serious sex crime.
If you or someone you know has an arrest warrant, don’t hesitate to call a criminal defense lawyer. Discuss your situation and get a strategy in place to avoid any potential danger or harm. This is especially important in sex crime cases, as the consequences can be severe. By seeking legal help from Los Angeles sex crime defense lawyer, you can increase your chances of a favorable outcome and minimize any potential risks. We are providing legal assistance throughout the state of California, covering a wide range of locations, Los Angeles, Sherman Oaks, Encino, Glendale, Torrance, Beverly Hills, Van Nuys, Woodland Hills, Pasadena, Long Beach, Redondo Beach, Santa Monica, Ventura, Manhattan Beach, Whittier, Downey, Orange County, San Fernando, Riverside, West Covina, Lancaster, Pomona, Burbank, Inglewood, Norwalk, Palmdale, Monterey, Santa Clarita, La Puente, Walnut Creek, Westlake Village