When you or a loved one is arrested, the immediate priority is securing a release from custody. Having guidance from an experienced Oklahoma City criminal defense lawyer is essential. If you are facing criminal charges in Oklahoma, understanding the bail and bond procedures is the first crucial step while awaiting trial. At Josh Lee & Associates, we recognize the importance of prompt release and how the processes of bail and bond can affect your defense from the very beginning.
The Difference in Bail vs. Bond in Oklahoma
While many Oklahomans use the terms “bail” and “bond” interchangeably, there is a distinct legal difference between them. Bail is the amount of money the court sets that a defendant must pay to ensure their return for all scheduled court appearances. The court holds this money as security.
Conversely, a bond is the actual financial guarantee posted to the court to cover the bail amount, securing the defendant’s release. The fundamental purpose of both is to incentivize the defendant to appear for every required court date.
How Bail Is Set in Oklahoma
After you get arrested and booked, the authorities will set bail. Many Oklahoma jurisdictions use bond schedules that set fixed bail amounts for common charges. This allows for quicker release when a judge is not immediately available.
However, judges retain the discretion to set, adjust, or deny bail. During the bail hearing, they weigh several factors to determine the defendant’s flight risk and potential danger to the community. They consider the severity of the offense, the individual’s criminal history, their ties to the community, and past court appearances.
Common Types of Bonds in Oklahoma
There are four primary ways to post a bond in Oklahoma:
- Cash bond: This requires the defendant or a family member to pay the entire bail amount directly to the court clerk. If the defendant attends all court dates, the court refunds the full amount, minus administrative fees.
- Surety bond: When the defendant cannot afford the full cash amount, a bail bondsman can post a surety bond, providing the court with a guarantee that they will pay the full bail amount if the defendant skips court. In exchange, the defendant pays the bondsman a non-refundable amount, typically 10% of the total bail. The bondsman then assumes the responsibility of ensuring the defendant’s appearance.
- Personal recognizance (PR) bond: A PR bond involves the defendant signing a written promise to appear. No cash or bondsman fee is required.
- Property bond: A property bond involves using real property as collateral to cover the full bail amount.
There are specific responsibilities for each of these bonds.
The Consequences of Not Appearing in Court
Once a defendant posts bond and is released, they must comply with the conditions of their release. Missing a court date will result in forfeiting the posted bond, the issuance of a bench warrant for the defendant’s arrest, and may also lead to the filing of a new criminal charge.
If a bondsman forfeits a surety bond, they are financially motivated to locate and return the defendant to custody. The defendant is also responsible for any collateral or indemnity agreements made with the bondsman. When the case concludes and the defendant meets all requirements, the court refunds a cash bond to the payer or releases the bondsman from financial liability.
