Oklahoma Bail Bond Rules and Amounts

When you’re arrested, you either remain in jail until your case is resolved or have the option to “make bail.” This process for getting out of jail has recently come under fire, because it allows the rich to buy their way out and leaves the poor to sit in custody until their trial. Let’s go over the differences between bail and bond, Oklahoma’s bail and bond rules, and why our current system is a problem for low-income individuals.

What is bail?

Bail is an amount of money that you pay to the court to be released from jail. It’s meant to ensure that you show up to court after you’re released. If you make all of your court appearances, your bail amount will be returned to you.

What is bond?

Bail and bond are often used interchangeably, but there is a small difference. Bail is when you put the money up to be released from jail on your own, whereas “bond” is when you have someone else put that money up for you, such as a bail bondsman.

In this article, we’ll first talk about the process for setting bail in Oklahoma, then discuss how you can pay for it with a bail bond.

How does bail work in Oklahoma?

Oklahoma’s bail and bond rules vary depending on your district, but there is a process all districts generally follow. The most important thing to know is that hiring an attorney as soon as possible can help you get the best bail amount and outcome for your case.

The police file a report

The first thing that always happens is a police report. When you’re arrested, the arresting officer writes a full police report along with a probable cause (PC) affidavit. Probable cause is the standard an officer must show in order to keep you in custody. It means the officer must have reason to believe you committed a crime. This PC affidavit summarizes the events that happened showing the probable cause for the arrest, and is sent to the district attorney (DA) as well as to the judge setting bail.

The judge sets the bail amount

Next, the judge will set the bail amount. Each county in Oklahoma handles this a little differently. In some counties, especially smaller ones, the judge informally reads the PC affidavit in their chambers and determines what the bail should be, and then tells the DA and defense attorney on the case. If one of the attorneys has an issue with the bail amount, they will argue to the judge why it should be different.

Other larger counties in Oklahoma have a formal bail docket. This is where every arrest from the day prior is presented to the judge. A representative from the DA’s office explains why they believe the bail should be a certain amount. If there is a defense attorney for the case, they will also present their argument.

You can argue the bail amount

Many people don’t have a defense attorney when bail is initially set, and public defenders aren’t yet assigned at this point. But you don’t have to accept the first bail amount. You can hire an attorney while you’re still in custody, and they can request a bond hearing.

Your attorney will write a motion arguing why your bail should be lowered or present an oral argument before the judge and DA. Both sides are given an opportunity to present their arguments and rebuttals, and then the judge makes a decision about whether to set the bail at a new amount, or to keep the current bail.

How much will my bail amount be?

It’s important to note that judges are not arbitrarily deciding the amount to set for bail. They set bail amounts by crime in Oklahoma and judges have what they call a bail schedule, which lists bail amounts for common cases. For example, a DUI typically has a set bail amount that the judge will automatically assign on each DUI case. This doesn’t mean the number will never change. Brill v. Gurich, 1998 OK CR 49 (OK. Crim. App. 1998), laid out the following factors that the judge must consider when determining bail:

• The nature and circumstances of the offense charged, including whether the offense is a crime of violence or involves a narcotic drug;
• The weight of the evidence against the person;
• The history and characteristics of the person, including:
• The person’s character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and
• Whether, at the time of the current offense or arrest, the person was on probation, parole, or other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal, state, or local law; and
• The nature and seriousness of the danger to any person or the community that would be posed by the person’s release.

Some of these factors can seem strange. Let’s dive into the ones that are usually given the most weight when a judge is setting your bail.

Risk level

The factor that is most heavily considered by the court is the risk to other members of the community if you were to be released. If you’re charged with stealing from Walmart, you aren’t a major risk to the community. Conversely, if you have been stalking and assaulting the same individual repeatedly, you would appear to be a risk to that individual and your bail would be set accordingly.

Family and community ties

The consideration of family and community ties is meant to analyze whether the person is likely to stay in the community, or if they have ties elsewhere that would aid them in running from their case. For example, if you could easily return to a large community in another country, then you’re considered a flight risk.

Employment

Another factor is whether you have a job. Being in custody will prevent you from working, and could therefore result in a loss of your job. Job insecurity is a major cause of crime, and the court wants to reduce both crime levels and repeat offenders continually cycling through the system. Therefore, having a job is a point in your favor when trying to get out on bail.

Can you get released without paying bail?

There are a few instances where you can be released from custody without paying bail. A good attorney can help you figure out if any of these apply to you and how to take advantage of them.

Personal recognizance

There’s a chance you could be released on “personal recognizance,” especially for minor crimes like misdemeanors. This is a guarantee to the court that you will return on your court date. You’ll sign a document in the jail making this guarantee, and it will be filed in your case. You typically won’t be released on personal recognizance for more serious charges or if you have ever failed to appear in court.

If you fail to appear for your court date after you sign the personal recognizance paperwork, the state can file an additional case against you for “bail jumping.” This is a felony charge that carries up to 2 years in prison and a fine of up to $5,000. This punishment isn’t the only problem. Once you have a bail jumping charge, it’s unlikely that you’ll ever get a low bail again or be able to get a bail bond. That means you’ll probably spend a significant amount of time in custody or have to pay a large amount out of your own pocket if you’re ever arrested again.

Dismissals

Another instance of getting out of custody without paying bail is when the case is disposed of. If the state chooses to not file or dismiss your case, you’ll immediately be released from custody because they have no reason to hold you. Keep in mind that even if your case is never filed or dismissed, your arrest will remain on your record – and it could be worth it to have it expunged.

Plea deals

You can also plead on your case, which could result in you being released. We say “could” because you would not be released if you’re required to serve additional jail time as part of your plea deal. If you plead to probation, or if you plead to credit for time served and you have served the number of days necessary, you’ll be released. However, if you plead to 30 days in jail and have only served 15 days, you’ll remain in jail until the conclusion of your sentence and would no longer have the ability to post bail to be released. Again, your arrest will remain on your record, as well as any convictions if you plead guilty in order to receive a reduced sentence.

Does bail apply to jail sentences?

No. Bail doesn’t apply to jail sentences imposed by the court or jail sentences pursuant to a plea deal. Bail is in place solely for when you are waiting for the disposition of your case. This is something that has been misunderstood and misconstrued in the media recently.

While bail does provide a significant advantage for people able to post bail or a bond by allowing them to live their normal life outside of jail while awaiting trial, it does not allow them to buy their way out of a jail sentence.

What is a bail bond?

Bail bonds are one of the most common ways to pay bail in Oklahoma. Also called a surety bond, it means you pay a third party (a bail bondsman) a certain percentage of your bail amount to post the bail for you.

Do you have to pay the full bail amount at once?

If you pay cash bail out of your own pocket, you will need to pay the court the full amount. But typically, if you use a bail bond company, you only have to pay 10% to 15% of the amount set by the court. This means if your bail is set at $500, you only need to pay $50 or $75 to the bail bondsman. The percentage can vary depending on the company you use, even within the same city – one Tulsa bail bonds company may charge 10%, while another charges 15%.

Do you get your money back?

If you posted your own cash bond or if someone posted a cash bond on your behalf, you (or they) will get all of your money back at the conclusion of the case. (Assuming you made all your court appearances and met all the conditions that the court assigned.)

If you hired a bail bondsman, you won’t get back the fees. Those fees are handled separately by the bail bondsman and their business, and have nothing to do with the court system.

Sometimes, you won’t get the money back if the court “forfeits your bond.” This is rare, and normally happens on small charges. Let’s say you get charged with public intoxication and your bond is set at $500. You then pay the $50 to get bonded out and leave jail, but never come back for your court date.

The cost of a public intox happens to be $50, so the court can choose to forfeit your bond to pay the cost and it is like you plead guilty without even being there. You’ll avoid a warrant for your arrest, but the charge will remain on Oklahoma State Courts Network (OSCN) with “bond forfeited.”

The biggest problem with Oklahoma’s bail and bond rules

Ultimately, Oklahoma’s bail and bond rules are all about the money. While conditions of release can include an ankle monitor preventing you from going within a certain radius of another individual or a no-contact order, most involve some type of financial component.

This financial component is the reason both Oklahoma’s and Tulsa’s bail bond systems have seen recent criticism in the media. It’s no secret that the criminal justice system works slowly, so the idea of the bail system is to allow individuals who are not a danger to society to go back into the public while waiting for the disposition of their case.

On the other hand, you want people who are a danger to society to stay in custody so they can’t harm anyone before their court date. For example, we wouldn’t want Ted Bundy to have been released while awaiting trial. He made multiple attempts to escape and killed many people. It makes sense to keep him in custody while he awaits his trial.

The problem with bail is that it has a more negative effect on low-income individuals than wealthier ones. If you’re arrested for stealing food from a grocery store, you don’t have the $200 to make bail. Sure, $200 is a far lower cost than $1 million set for a murder case, but if you’re struggling to even buy food, how can you afford to spend $200 on bail? The answer is: you can’t.

When low-income individuals have to wait in custody until their case is resolved, they can lose their jobs and families, contributing to the cycle of crime. They also feel pressure to accept any plea deal that comes their way. Why would you sit in custody and wait for a jury trial on a misdemeanor, when the maximum punishment you can receive is one year? It will take longer than that year to even have your case heard before a jury. This incentivizes people to plead, regardless of whether they believe the deal is fair.

On the other hand, individuals with more money are able to make bail or at least pay a bail bondsman to post bail for them. They aren't in jail waiting for a court date, so they aren't pressured to take a deal that isn't fair, or plead to a crime they didn't commit.

The bottom line

The current bail system allows the wealthy to buy their way out of jail, and leaves the poor to languish in custody for small crimes. Even if you’re able to post bail and hire an attorney, any arrest, charge, or conviction will go on your record and follow you forever.

Thankfully, expungement – which is the process of sealing your records from the view of employers, landlords, and the public – can help you get a fresh start. The Tulsa Expungement Guy can help you determine when you’ll be eligible for expungement and get the process started. Contact us for a consultation today.