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Sex Offenses
Historically, rape was a common law crime and defined as unlawful sexual intercourse by force between a man and a woman. Married men by definition could not rape their wives because sexual intercourse in the marriage was lawful. Any other sexual act was not included, although there were separate laws that punished sodomy and bestiality. Force, or at least the threat of force, was required, and a woman had to prove resistance to the act, usually by intense physical struggle. Early statutes required corroboration from independent witnesses before the offender could be found guilty. Rape was a felony and the punishment always included imprisonment or death.
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Understanding Bail and Bonds
If you are arrested for a crime, the judge will usually set what is called "bail." Bail is sometimes set, per a schedule, immediately after you are booked for a crime. For more serious crimes, bail may not be set until your arraignment, which is the court date where the charges are read against you and you enter your plea. Bail is the amount of money you are required to pay in order to leave jail during the period between your arraignment and trial. In some cases, the judge may deny bail, meaning that you will have to stay in jail to await your criminal trial. For example, individuals who commit particularly reprehensible crimes or who are considered to be a high flight risk may be denied bail. In most situations, you are not required to pay the full bail amount, but are instead allowed to post a portion of it, as a "bond." The bond is your promise that you will show up for all required court appearances. There are many different ways in which bond can be posted. The following is a primer on some of those ways.
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Case Summaries
[03/10]
US v. Fisher
Defendant's firearm possession conviction is affirmed where police had probable cause to detain defendant because they were responding to a 911 call late at night, in a high crime area, with every reason to suspect gunplay, and the only vehicle at the scene looked as if it was about to depart.
[03/09]
US v. York
Defendant's conviction and sentence for arson and carrying a destructive device are affirmed where: 1) there was sufficient evidence that the fire at issue was intentionally set; 2) the district court did not abuse its discretion by denying defendant's motion for a mistrial, because defendant failed to show that he was prejudiced by a jury note requesting to hear again defendant's confession; and 3) evidence that defendant had harmed his girlfriend went to issues other than defendant's character because it explained that she withheld information from the police due to her fear of defendant's threats.
[03/09]
US v. Banegas
Defendant's drug conspiracy conviction is reversed where the trial court failed to state particularized reasons for requiring defendant to be shackled while defending himself pro se.
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