When someone is arrested in Oklahoma, they often have questions about how bond works. The answer usually involves posting bond. Understanding how bond works in Oklahoma can help you make informed decisions and avoid unnecessary costs or delays.
What Is Bond?
Bond (also called bail) is money or property posted with the court to secure a defendant’s release from jail while awaiting trial. It is essentially a financial guarantee that the defendant will appear in court for all required hearings.
If the defendant shows up to court, the bond is returned at the end of the case (minus any court fees). If they fail to appear, the court may forfeit the bond and issue a warrant for their arrest.
Types of Bond in Oklahoma
Oklahoma courts may set different types of bond depending on the case:
- Cash Bond
- The full bail amount is paid in cash to the court.
- If the defendant attends all hearings, the money is refunded at the end of the case.
- Surety Bond (Bail Bondsman)
- A bail bondsman posts the bond for the defendant.
- The defendant or family pays the bondsman a nonrefundable fee (usually 10% of the bond amount).
- Property Bond
- Real estate or other property may be used as collateral to secure release.
- Own Recognizance (OR) Bond
- The court may release a defendant without requiring money if they are considered low-risk and promise to appear for all hearings.
How Is Bond Set in Oklahoma?
Bond is usually set during an initial appearance or arraignment. Judges consider several factors when deciding the amount and type of bond:
- The seriousness of the charges.
- The defendant’s prior criminal record.
- Whether the defendant is a flight risk.
- Whether the defendant poses a danger to the community.
- Employment, family ties, and community connections.
In some cases, Oklahoma law sets preset bond schedules, especially for common offenses, allowing quicker release without waiting to see a judge.
Can Bond Be Changed?
Either the defense attorney or the prosecutor may file a motion to modify the bond. A judge can:
- Lower bond if the amount is unreasonably high.
- Increase bond if new facts suggest the defendant is a greater risk.
- Change the bond type, such as allowing release on recognizance instead of cash.
What Happens If You Miss Court While on Bond?
Failing to appear in court while on bond has serious consequences:
- The judge issues a bench warrant for arrest.
- The bond money (or property) is forfeited.
- Additional criminal charges for failure to appear may be filed.
Bond is often the first critical issue after an arrest. An experienced Oklahoma criminal defense attorney can argue for a lower bond and help to protect your rights throughout the criminal process.
Creek County Criminal Defense Lawyers
Bond issues move quickly, and having skilled legal representation can make the difference between staying in jail and going home while your case is pending. If you or a loved one has been arrested, call our team at Creek County Attorneys at 918-209-3709 for a free and confidential consultation or ask a legal question here.
