A defendant is released from jail while they await trial in exchange for an amount of money, property, or a bond that is paid to the court. The court may hold the money or property (known as bail forfeiture) and issues a warrant of arrest for the offender if they do not appear for the court at the scheduled time. Bail is used to making sure that, after release, defendants appear in court as scheduled.
Everyone has seen how bail works in a movie: You are notified in the middle of the night. Will you bail me out of jail? asks a pal on the other end of the line. Therefore, it appears easy on the screen—just post bail bonds in Norman and give the pal a ride home. But how does bail actually function in practice?
What Is Bail? What Is a Bail Bond?
Many defendants post bail bonds because they cannot afford to pay the full sum of bail. The typical procedure for a defendant to get a bail bond is to pay a private bail bond business a nonrefundable premium (or charge), which is typically 10% of the total bail amount. T
The defendant (or bond buyer) would typically be required to post some form of collateral (such as the defendant’s car or house) to cover the bond company’s possible liabilities because the bond business could become liable for the full bail sum. In the event that the defendant refuses to appear as scheduled for court dates, the bond business then undertakes to pay the full bail amount to the court.
The cost of a bail bond in Norman is typically more than that of posting cash bail. If the defendant makes all required court appearances, cash bail paid directly to the court will be returned (less a small processing fee). In the case of bail bonds, the defendant (or bond buyer) is always out of the 10% charge.
Who Sets Bail?
A defendant may occasionally be given a chance to pay bail at the police station right away after being detained. While choosing this option can hasten the release process.
Therefore, the defendant will be required to post the full amount of bail and will not be allowed to request a lower sum. Bail bonds in Norman can only be increased, reduced, or excused by a judge or magistrate at a hearing.
Conditions of Release and Pretrial Supervision
Courts in Oklahoma can impose pretrial supervision and other conditions of release in addition to or instead of bail. A judge might, for instance, impose terms on a defendant’s O.R. release that include:
- Regular meetings or check-ins with only a probation officer;
- electronic monitoring (such as an ankle bracelet)
- Restrictions on travel, drug or alcohol monitoring or treatment.
Stay-away orders (to protect victims), passport submission, a ban on carrying weapons, and a general direction not to break any laws are some other common terms of release. Any of these terms connected with the bail bonds in Oklahoma that are broken could lead to the forfeiture of bail, a new arrest, or being imprisoned until the case is resolved.
Less frequently now, courts establish bail amounts utilizing bail schedules. The possibility that a defendant, if allowed pretrial, won’t return to court or a victim is instead being determined by judges using risk-based evaluations (public safety risk).
The judge will probably set bail at a greater amount if the defendant presents a greater flight or public safety risk. Judges may refuse to approve bail in various areas of Oklahoma!