No one likes receiving that call—a friend, family member or loved one has just been arrested. Not only are you worried about your loved one’s well-being, but you also now have to come up with the money to post bail. And sometimes, bail can be a significant burden, both financially and mentally.
Fortunately, you can pursue several options to get your loved one released from jail. Whether you’re paying the full amount yourself, hiring a bail bondsman, or pursuing a third option, it’s important to fully evaluate your situation and decide what’s best for you and your loved one.
At Jacqui Ford Law, our experienced criminal defense team is here to help. This blog will provide you with essential information to help you get started on posting bail, offering guidance and support every step of the way.
Types of Bail in Oklahoma
The amount and type of bail depend on factors like the severity of the charges and the defendant’s criminal history. In Oklahoma, common types of bail include:
- Surety Bond: A third party, like a bail bond company, posts bail for a fee (usually 10-15%). This fee is non-refundable.
- Cash Bond: The defendant can post the full bail amount in cash, which is refundable if they attend all court dates.
- Property Bond: Defendants can use property, such as a home, as collateral to post bail.
- Personal Recognizance Bond: For minor, non-violent misdemeanors, defendants may be released on their promise to return to court without paying bail.
Bail costs in Oklahoma vary widely, from $0 for PR bonds to $1,000-$25,000 or more for serious offenses. In some cases, bail can be denied altogether.
Our advocate, Jacqui Ford, has a strong track record of assisting clients during these challenging times. With her extensive experience and compassionate approach, she understands the stress and uncertainty that come with the arrest of a loved one. If hired to be your trusted criminal defense lawyer, she will guide you on your options, protect your rights, and provide reliable legal advice to help you decide the right course of action.
How Do I Post Bail in OKC?
The first option you have is to pay the bail amount yourself. When you do this, you make a payment to the court, ensuring that if the person charged with the crime is released from jail, they will return for their court date. If they do, the amount paid will be refunded, regardless of the case outcome.
In Oklahoma, an initial bail hearing is usually held within 48 hours of a defendant being taken into custody. For some offenses, a predetermined bail amount may be set at the time of arrest. If a hearing is required, a judge will set the bail amount based on state and local procedures and the severity of the offense. They will also inform you where to post bail.
The amount of bail can depend on a variety of factors, including the following:
- The severity of the crime
- The arrested person’s previous criminal record
- The alleged danger they pose to the community should they be released
- The likelihood that they will fail to show up for their court date
In the state of Oklahoma, you can post bail with cash or a cashier’s check. However, in many cases, the amount is too high to pay out of pocket. In these instances, people often secure the services of a bail bondsman.
If you have specific questions about posting bail, an experienced Oklahoma criminal defense lawyer can assist you.
To Hire or Not Hire a Bail Bondsman?
A bondsman is an agent who posts bail for individuals who don’t have the cash to pay it themselves, usually for a fee calculated as a percentage of the total bail amount. The bondsman is financially responsible if the defendant fails to show up for their court date.
- If you hire a bondsman and then fail to attend all your court dates, the bondsman may seek to recover the full amount from you.
- Additionally, the bondsman will keep the fee you paid at the beginning of the process.
- The standard fee is 10%, but a bondsman may charge a flat rate for smaller bond amounts.
In many cases, saving your money and hiring an attorney is advisable rather than spending it on a bondsman. If the charge is serious enough, having an experienced defense attorney can often mean the difference between serving jail time and walking free.
What Happens When You Don’t Post Bail
If you choose to forgo paying bail, your loved one will have to stay in custody until their trial begins, which can sometimes take weeks or even months.
There are circumstances in Oklahoma under which a person may be released without paying bail. For example, with a conditional bond, the arrested person doesn’t have to pay to be released but must follow certain rules until the trial begins. If an appeal is taken and the appeal bond is given, it ensures that the defendant will:
- Appear, submit to, and perform any judgment rendered by the Criminal Court of Appeals or the original court
- Not depart without leave of the court
Whatever decision you make, it’s important to show up for your court dates and follow the rules. If you pay your bail with a bondsman and then skip town, the bondsman has the authority to track you down and bring you back for your trial—not to mention the legal trouble you will face for missing your court dates.
How an Oklahoma Criminal Defense Lawyer Can Help with Your Bail
An experienced Oklahoma criminal defense lawyer can provide invaluable assistance with your bail in several ways:
- Advice on Bail Options: They can help you understand the different types of bail available and advise on the best option for your specific situation, whether it’s a surety bond, cash bond, property bond, or personal recognizance bond.
- Bail Negotiation: A lawyer can negotiate with the court to lower the bail amount or request a bail reduction. They understand the factors that influence bail decisions and can present compelling arguments for why a lower bail is appropriate.
- Meeting Bail Conditions: Your lawyer will explain the conditions you must meet if granted bail, ensuring you understand and comply with all requirements to avoid any issues that could lead to re-arrest.
- Representation in Bail Hearings: They will represent you at bail hearings, advocating on your behalf to secure the most favorable terms possible. Their knowledge of the law can significantly impact the outcome of the hearing.
- Guidance on Using a Bondsman: If paying bail out of pocket is not feasible, your lawyer can provide guidance on securing the services of a reputable bail bondsman, ensuring you understand the fees and obligations involved.
Having a knowledgeable criminal defense lawyer by your side can make the bail process smoother and increase your chances of a favorable outcome, allowing you to focus on preparing your defense.
Contact Our Criminal Defense Attorney at Jacqui Ford Law Today!
Whether it’s you or a loved one sitting in a jail cell, the process of posting bail and beginning the criminal process can be extremely stressful. That’s why it’s important to have an experienced representation who can advocate for your rights every step of the way and ensure you receive the best defense possible. With Jacqui Ford, you can guarantee that your criminal matter is handled effectively.
Contact us at 405-604-3200 today to schedule your free and confidential initial consultation with Jacqui.