The right to bail in Oklahoma is guaranteed, within certain limitations, by the Eighth Amendment to the United States Constitution. This amendment states that “[e]xcessive bail shall not be required” in a criminal case. Supreme Court cases have held that the government must not set bail higher than what is necessary to ensure the government’s interest. The classic government interests regarding pretrial release are to twofold. First to ensure that you show up for trial and (2) protect the safety of the community. The court has found that bail can also be set to vindicate other interests. But, in this case the bail must not be in excess of what is necessary for those interests.
Resetting Bail in Oklahoma
At any time while your charge is pending, you can file a motion to reduce your bail. Oklahoma statutes consider ensuring the defendant’s presence at trial and public safety as the overriding government interests. With this in mind any arguments to reduce bond should focus on those government concerns.
The exact arguments you can make will vary depending on your circumstances. They will also depend on the crime that you have been charged with. With regard to showing up at trial, it helps to show that you have ties to the community. Ties to the community might include several different things. Among them could be family ties or a network of friends in the community. Employment within the community is another factor the court looks to.
Your argument regarding safety to the community will depend mainly on your criminal history and the present charge. If you have a relatively clean record and are charged with an offense that poses little risk to public safety, you have a stronger case.
When Bail Can Be Denied
Oklahoma law allows courts to deny bail for certain charges. This happens when the state considers the risk of a defendant absconding or the danger to the community to be particularly high. For instance, you can be denied bail if you are facing a charge for which you can get either the death penalty or life imprisonment. Other case include drug offense or other offense that carries a maximum penalty of ten years or more. You can also be denied bail if you have been charged with a violent felony. Another reason is if you are charged with a felony and have at least two prior felonies. Finally, the Oklahoma legislature has singled out kidnapping as a charge that carries with it a high presumption that no condition of release can ensure community safety.
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You may have another option if you have been charged in a county that has a pretrial release program. If you are eligible for pretrial release, the program staff will evaluate you to make recommendations to the court. This includes the conditions under which you can be released. However, the pretrial release statute includes a list of forty crimes which make you ineligible for pretrial release. This list is broad and includes everything from aggravated DUI to bribery of a public official to felony sex offenses.
What’s The Difference Between Bail and Bond
Bail is a cash deposit or other property amount that’s deposited with the Court. This is done like a Bond and is done to insure that you show up to Court. Although a bond and bail are designed to insure that you show up for court unlike a bond a cash bail will be refunded to you at the conclusion of your case. A bond on the other hand is based on a percentage of the bail amount and doesn’t have to paid in total. Generally, a bondsman charges a 10% of the bail amount. Although the amount you need to pay upfront is less you will not get the money back at the conclusion of your case.
Criminal Defense Attorney Near You
To discover more about getting your bond reduced for a criminal charge in the state of Oklahoma, you should get in touch with an experienced criminal defense attorney. Hiring an attorney is important to ensure that your criminal matter is handled effectively. To learn more about how a criminal defense attorney can help you reach out to Kania Law Office. Call (918) 743-2233 or by contact us online.
Tulsa's Local Criminal Defense Lawyers
Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of criminal defense attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.
Call us today for a free consultation 918-743-2233 or contact us online.