Bail and Bonds: Freedom in a Criminal Case
Bail and bond procedures in Oklahoma courts are designed to ensure that a defendant appears in court while allowing them to remain free during the pretrial period. Without these procedures, a defendant would remain in jail during the time between arraignment and trial. It is vital that these procedures are well-handled. If bail or bond is revoked due to mishandling, it can mean immediate custody for the duration of time until trial. This article will help you understand how these procedures work and how they can benefit you or someone you love.
Understanding the Differences Between Bail and Bonds
Bail is an amount of money set by the court that must be paid to secure a defendant’s release from custody. In contrast, a bond is a financial guarantee posted by the defendant or a bail bondsman to secure the defendant’s release. A cash bond is the full amount of the set bail paid in cash. In contrast, a surety bond is posted by a bail bondsman on behalf of the defendant, usually for a fee, typically 10% of the bail amount. In addition, a bond can be secured by real estate or other property. Finally, a defendant can be released on their own recognizance, meaning that the defendant is released in exchange for their promise to appear in court without having to pay bail.
How Bail is Determined and Set
Most Oklahoma Courts provide local jails with preset bond schedules so individuals booked for particular charges can post bond without a court appearance. This can be helpful and get you out of custody quickly.
In Oklahoma, the court may use a bail schedule that provides standard bail amounts for various offenses. Judges have discretion to adjust these amounts based on individual circumstances. If the court does not have a preset bond schedule, you may need to wait in custody for a hearing, generally the next weekday.
At the hearing, a judge sets the bail amount. In doing so, the court may consider the severity of the alleged crime in conjunction with your prior criminal history. If you have no prior criminal history, a court will be more likely to reduce your bail amount or release you on your promise to appear. This is particularly true if the underlying crime is minor and you have strong ties to the community. Finally, the court may consider your financial resources when setting bail.
It is helpful to have your attorney present at the bail hearing to advocate on your behalf. Your attorney knows what the court will consider and can help the court understand your particular circumstances.
How to Post Bail
If you want to post a cash bond as bail, you or someone on your behalf pays the full bail amount in cash to the court. If you then appear for all court dates, the money is refunded, minus any fees or fines. If you want to use a surety bond, you need to contact a bail bondsman who posts the bail on your behalf for a non-refundable fee, usually 10% of the total bail amount. The bondsman then assumes responsibility for ensuring your appearance in court. For a property bond, you may use property as collateral. However, if you fail to appear, the court can seize the property. Finally, you may be released based on your promise to return for court appearances. This is usually granted for less serious offenses or first-time offenders.
Typical Conditions of Release
Courts may also impose conditions in addition to posting bail or a bond. Typical conditions may include regular meetings with a pretrial services officer, travel restrictions, abstaining from drugs and alcohol, and attending all court appearances. In addition, the court may issue orders prohibiting contact with the victim and witnesses.
Failure to Adhere to Conditions of Release
If you fail to adhere to the conditions of release, the court can issue immediate orders for your arrest in addition to financial penalties. On a cash bond, the bail amount is forfeited, and a warrant is issued for your arrest. Since the bondsman is responsible for paying the full bail amount to the court on a surety bond, if you fail to appear or fail to adhere to other conditions of release, the bondsman may use a bounty hunter to find you. On a property bond, the court may initiate foreclosure proceedings on the collateral property if you fail to appear.
Failure to Comply: Examples of Consequences
All actions have consequences. Here are some examples of possible bail violations and their possible consequences.
Travel Restrictions Violation: If you violate a prohibition against travel restrictions, the court may immediately revoke bail, re-arrest you, and confine you until trial. If the court considers re-release, it will likely either impose stricter conditions or a higher bail amount.
Failure to Check-In: If you miss one or more weekly required check-ins, the court may issue a bench warrant for arrest. This can result in being taken into custody and potentially remaining there until the trial date.
Contacting Victims or Witnesses: Courts take no-contact orders seriously. When a defendant violates a no-contact order by attempting to communicate with the alleged victim or witnesses in their case, the court can revoke bail, and add additional charges including witness tampering or harassment.
Failure to Abstain from Drugs or Alcohol: This violation occurs when a defendant who has been ordered to abstain from drugs or alcohol fails a drug test or is caught drinking. Here, the court may revoke bail, and hold the defendant for the duration of time until trial. The court may also require more stringent conditions, such as inpatient treatment or electronic monitoring, upon any future release.
Non-Compliance with Curfew: This violation occurs when a defendant under house arrest with a curfew is found to have left their residence during restricted hours. This can result in immediate arrest and the possibility of being held in jail until trial. The court may also impose additional restrictions, such as increased surveillance or denial of bail.
Engaging in Illegal Activities:When a defendant who is out on bail is arrested for a new offense, such as theft or assault, the court can revoke the defendant’s bail, and add new charges, complicating the defendant’s legal situation and decreasing the likelihood of re-release before trial.
Bail Modification
When bail conditions imposed by the court are too onerous to be met by the defendant, the defendant can request a bail reduction at a subsequent hearing, presenting arguments and evidence for a lower bail amount. A court may decrease the total bail amount, making it easier for a defendant to meet the court’s demands. Likewise, an increased bail amount can be granted if the prosecution requests it. This is often done when a defendant poses a flight risk or threat to the community.
Revocation of Bail
Finally, bail can be revoked if the defendant violates the conditions of release, commits another crime, or otherwise demonstrates they are a flight risk or danger to the community. The court then issues an order for the immediate arrest of the defendant. Once revoked, a defendant may have to spend the remainder of their pre-trial time in jail. Thus, it is critical that you fully understand and adhere to the terms of your release. If you are having trouble with a particular aspect of the terms of your release, make sure and talk to your Tulsa criminal attorney. Together, you may be able to ask the court to change the terms of your release. You may also be able to find information from the Oklahoma Bar Association.
Consult with a Tulsa Criminal Defense Attorney
The Tulsa Criminal Defense Law Firm prides itself on zealously representing our clients. Contact us today for personalized assistance with your bail and bond matters. Call today at 918-256-3400.
We are dedicated to providing reliable legal advice and representing clients throughout the criminal process. Together, we can navigate the complexities of the criminal court process and work towards a positive outcome.