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How Bail Is Determined After Aggravated Rape Charges in New Orleans

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You’ve been accused of a serious crime. The police have arrested you and accused you of aggravated rape. Your trial is unlikely to happen for several months or more and you may be concerned about what will happen to you before the case is decided.

It’s Up to the Court

Soon after your arrest, you will have an initial appearance in court. The judge will describe the charges against you and decide whether you should stay in jail pending trial, be released on your own recognizance, or be released on bail.

When considering bail for a person charged with aggravated rape, the Louisiana Code of Criminal Procedure requires the court to consider:

  • If you have a past criminal record.
  • Whether you pose any potential threat or danger to the alleged victim, the alleged victim’s family, or any member of the public, especially children.
  • Any statistical evidence prepared by the United States Department of Justice about whether you, or a person who has raped or molested someone under the age of thirteen, is likely to commit a rape or molestation against a person under the age of thirteen in the future.

Additionally, if you have been indicted for aggravated rape, then a condition of your bail must be that you wear an electronic monitoring device and that you are placed under active electronic monitoring. It is up to the court to determine the exact conditions of the electronic monitoring.

Don’t Go to a Bail Hearing Alone

While the court has definitive criteria that must be considered, not every person who is accused of aggravated rape has the same bail set. You have the right to bring a criminal defense lawyer with you to a hearing and to have that attorney advocate on your behalf. If you have questions about your own bail hearing, or that of a loved one, please start a live chat with us right away.

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