Assault & Battery Rape,Aggravated Assault,Battery&Cruelty to Children

[ngrisby87]

My boyfriend was arrested on some fake charges that his kids mother put against him because he did not want to be with her anymore and because i was pregnant he is in dekalb county jail now for rape,aggravated assault,battery and cruelty to children. O just found out today that his case got bounded over to superior court and he also has a bond hearing on the 5/16/2013 we have recordings text messages n evidence saying that his kids mother was just doing this out of spite....How high will his bond be? she continues to lie as if she will drop the charges and today she was suppose to show up to court and didnt so i want to know if she doesnt come forward for the next court date will they dismiss the case? or continue prosecuting him? Any advice will help..

 

[ngrisby87]

any advice would help..

 

[cbg]

This is a volunteer board, and not everyone who reads a post is going to have an answer for each question. It is also dinner time on the east coast, where many of our volunteers are. It is not unusual for it to take more than 20 minutes for a response. Please have patience.

 

[Betty3]

Does your boyfriend have a lawyer?

 

[CdwJava]

Without knowledge of the specific statutes he has been charged with, no one can say what is likely bail might be. And even if we did know, there are a number of things that can effect the judge's decision in the matter.

Have you called the jail to find out if there is already bail? It is common practice in most places to establish bail initially, and then for there to be a hearing a little later that will address any requests to modify the bail or ask for release on one's own recognizance.

As for pursuing the case, only the prosecutor can answer that. The prosecutor has sole discretion over the matter and he or she will decide on the strength of the evidence against your boyfriend. Clearly, if he was arrested, there is some probable cause to believe he committed the offenses alleged. Whether that will be sufficient to compel a prosecutor to bring it before a jury or not, we cannot say.

 

[army judge]

My boyfriend was arrested on some fake charges that his kids mother put against him because he did not want to be with her anymore and because i was pregnant he is in dekalb county jail now for rape,aggravated assault,battery and cruelty to children. O just found out today that his case got bounded over to superior court and he also has a bond hearing on the 5/16/2013 we have recordings text messages n evidence saying that his kids mother was just doing this out of spite....How high will his bond be? she continues to lie as if she will drop the charges and today she was suppose to show up to court and didnt so i want to know if she doesnt come forward for the next court date will they dismiss the case? or continue prosecuting him? Any advice will help..

Are you sure of the charges?

I did a search of that jail's inmates, and I found a person with last name "Davis" and a bond of about $3,500. His charges were closest to the ones you stated, but it was a misdemeanor battery and a cruelty to children charge. No rape charge was listed. If that's him, his bail is less than $400 to get him out. But, it might not be him.

What is his last name ONLY and the date of arrest, if Davis isn't your dude?

He's innocent until proven guilty. But, don't assume the charges are bogus, until you learn more as the days unfold.

In the interim, he shouldn't discuss this case with you (unless you are outside of the jail, and talking face to face, never over the jail telephones - they record EVERYTHING).

So, he pleads not guilty and asks for the court to appoint him a lawyer. He will learn of his bond at his next court appearance.

What you call evidence is nothing. Text messages, phone call recordings, etc ... pretty much meaningless.

When he meets with his lawyer, he might mention them and see what his lawyer has to say.

The best things you can do is be patient, stop talking to anyone about this, stop communicating with the other woman, stay away from those kids (until this is resolved), and stay out of any additional egalitarian trouble.

Often, magistrate judges and municipal judges are permitted to set bail in most types of criminal cases. However, in certain types of serious felony cases, only a Superior Court judge is permitted to set bond under O.C.G.A. § 17-6-1. These offenses include:

Treason
Murder
Rape
Aggravated Sodomy
Armed Robbery
Aircraft Hijacking
Carjacking or Hijacking a Motor Vehicle
Aggravated Child Molestation
Aggravated Sexual Battery
Drug Offenses
Marijuana Offenses
Aggravated Stalking
Gang Crimes
Kidnapping, if previously convicted of any of the offenses in this list
Arson, if previously convicted of any of the offenses in this list
Aggravated Assault, if previously convicted of any of the offenses in this list
Burglary, if previously convicted of any of the offenses in this list

Bail is a complex matter insofar as certain offenses are concerned, and if the accused has prior felony convictions.
If he's on parole or probation currently, that can further complicate his bail.

I suggest you contact any local bail bond company. They can look into his case and tell you what his bond is (or what it might be), that'll tell you how much you'll need to pay for his release.

I'm guessing here, but expect his total bond amounts to approximate $30,000 to $50,000, maybe more. If its $40,000, you'll need about $4,000 to $4,500 to get him sprung.

Here's the jail website and their explanation of the bonding process:

http://www.dekalbsheriff.org/web/public/indexV2.php#12

 

[ngrisby87]

he has a public defender..

 

[ngrisby87]

he has a bond for the two misdemeanor charges but not the two felony charges that's why he is having the bond hearing thursday.

 

[ngrisby87]

his last name is david and his arrest date was 4/18/2013

 

[army judge]

his last name is david and his arrest date was 4/18/2013

He is charged with two serious felonies (rape and agg assault).
I'm guessing his bail will be at least $50,000 to $100,000.
It would cost you $5,000 upwards of $10,000 for a bonding company to spring him.
If he has prior felony convictions, it could be higher.
You might be able to put up property to the court to get him sprung.
You'll know the exact amount tomorrow.
Because rape was involved, he'll also have restrictions such as staying away from the alleged victim.

Here are some general guidelines used to set bond(s):

When the court sets the amount of bail, the judge looks at various factors to ensure the accused appears in all subsequent criminal proceedings and to protect the community from unreasonable danger. Some of these factors can include:

The individual's flight risk;
The individual's threat to the community;
The likelihood the individual will commit a felony before trial;
The likelihood the individual will intimidate a witness or otherwise obstruct justice; and/or
The individual's ties to the community and family, financial resources and employment history.
In no situation is a judge permitted to refuse setting bail for an individual who has been charged with a misdemeanor offense.
But, a person charged with certain felonies can be held without bail.
I suggest you speak with his PD.