Criminal Bonds in Oklahoma

When individuals are arrested and charged with a crime in Oklahoma, they may be granted the opportunity to post a bond, also known as bail, in order to secure their temporary release from jail until their case is resolved. The bond is a financial guarantee that the defendant will appear in court for all scheduled hearings and comply with any other conditions set by the court. But how are bonds for criminal cases in Oklahoma actually set? Let's take a closer look at the process.

Types of Bonds in Oklahoma
In Oklahoma, there are several types of bonds that can be set for criminal cases. These include cash bonds, surety bonds, property bonds, and personal recognizance bonds.

1. Cash Bonds: A cash bond requires the defendant or their representative to pay the full amount of the bond in cash. Once the case is resolved, and the defendant has fulfilled all court requirements, the cash bond is refunded, minus any fees or fines.
2. Surety Bonds: A surety bond is obtained through a bail bondsman or bonding company. The defendant or their representative pays a percentage of the total bond amount, usually 10% of the total, to the bondsman, who then posts the bond on behalf of the defendant. The bondsman assumes responsibility for the full bond amount if the defendant fails to appear in court.
3. Property Bonds: A property bond allows the defendant or their representative to use real estate or other valuable property as collateral for the bond. If the defendant fails to appear in court, the property may be forfeited to cover the bond amount.
4. Personal Recognizance Bonds: A personal recognizance bond, also known as a PR bond or OR bond, allows the defendant to be released without posting any money or collateral. Instead, the defendant signs a written promise to appear in court and comply with any court-ordered conditions.

Setting Bonds in Oklahoma
The process of setting bonds for criminal cases in Oklahoma is typically determined by the judge. During an initial appearance or bail hearing, the judge considers several factors to determine the appropriate bond amount, if any, for the defendant. These factors may include:

1. Nature and severity of the offense: The seriousness of the crime, including whether it is a misdemeanor or felony, can influence the bond amount. More serious offenses may result in higher bond amounts.
2. Criminal history: The defendant's criminal history, including any prior convictions, arrests, or failures to appear in court, may be considered in setting the bond amount.
3. Flight risk: The likelihood that the defendant will flee and not appear in court is also a factor. If the judge determines that the defendant poses a flight risk, a higher bond amount may be set to ensure their appearance in court.
4. Community ties: The defendant's ties to the community, such as family, employment, and residency, may be considered. Strong community ties may be taken into account in setting a lower bond amount or granting a personal recognizance bond.
5. Public safety: The judge may consider the risk to public safety posed by the defendant's release. For example, if the defendant is charged with a violent crime, the judge may set a higher bond amount to protect the community.

It's important to note that the Eighth Amendment of the United States Constitution prohibits excessive bail, which means that the bond amount should not be set at an amount that is unreasonably high or oppressive. However, the judge has discretion to consider various factors in setting an appropriate bond amount that ensures the defendant's appearance in court and protects the interests of the community.