Louis Jerome Green, and 18 year old student at the Dave Thomas Education Center, was arrested in Fort Lauderdale, Florida for allegedly having sex with a girl between the ages of 12 and 15 years old.
According to news reports, bond has been set in the amount of $50,000.00. If this bond is unaffordable for Green, he may be eligible for a bond reduction. When a judge sets bond, he or she considers a number of factors. These include the defendant’s criminal history, if any, the defendant’s ties to the community, and the nature of the present offense.
The ultimate purpose of bond is to ensure that the defendant will show up in court and face his charges if released from jail. However, bond is not meant to be so high that it can’t be afforded. In essence, bond is meant to be a financial leash that gives a person an incentive to stick around and deal with their case.
If Green cannot afford his bond, he would benefit from hiring a criminal defense lawyer who can file a motion to reduce bond. When arguing such a motion, his lawyer should establish Green’s ties to the community, his financial means, and hopefully a lack of any meaningful criminal history.
If Green is able to establish these points, he may present a solid case for bond reduction.
However, bond is the least of his problems. Green is now facing a serious felony sex crime, given the age of the girl. If there was a lack of consent, the prosecution will be even worse. Ultimately, an analysis of the case facts must be done by defense lawyers. Depending on what did or did not happen will depend on the nature and number of charges Green is ultimately prosecuted for.
The nature of Green’s relationship to the victim must also be scrutinized. Whenever possible, prosecutors and law enforcement seek to enhance charges when the defendant had a custodial or familial relationship to the alleged victim.
If Green gave a confession while in custody, police had a duty to advise him of his constitutional rights before asking him any questions. If they failed to do so properly, any statements made by Green will be inadmissible at trial.
Another factor considered in these types of cases is the infirmity of the alleged victim. In other words, aside from her young age, prosecutors will also consider an enhancement of charges or plea offers if the girl was mentally challenged or handicapped in some way.
Ultimately, the most important factor to be considered in this case will be if the alleged victim was injured in any. Hopefully she was not, but if she was, Green will certainly be facing a much more serious prison sanction than if she was not.
At the end of the day, we certainly hope that the victim recovers from this encounter and doesn’t have any lasting injuries.