Bail Bond Reduction in Oklahoma

The Initial Bond Amount Is Not Necessarily the Final Amount

A bond amount set shortly after an arrest can be reconsidered. In Tulsa County, the judge at a bond hearing can consider such things as the seriousness of the allegation, whether the person presents a safety concern, the risk of failing to appear in court, criminal history, prior failures to appear, previous performance while released on bond, ties to the community, employment, and financial resources. The court can also consider whether conditions short of a high monetary bond will reasonably address the risk that concerns the judge.

A person's inability to afford the bond does not automatically require the judge to reduce it. Ability to pay is one part of the decision, along with the reasons the court believes a monetary bond or other release conditions are necessary.

In my years handling criminal cases, I have seen meaningful differences in how individual judges approach bond and bond reduction requests. A motion needs to address the concerns of the judge who is actually deciding whether the defendant should be released and under what conditions.

What Does a Lawyer Present at a Bond Reduction Hearing?

A useful bond reduction request does more than tell the judge that the current amount is too expensive. The information that matters depends on the case, but it can include where the defendant lives, how long the defendant has lived in the area, employment, family responsibilities, criminal history, previous appearances in court, prior compliance while on bond, financial resources, and the availability of people who can help make sure the defendant follows the court's orders.

The charge matters too. A judge considering a serious violent allegation or a major drug case is evaluating different safety and flight concerns than a judge considering a lower level misdemeanor.

Conditions of release can also be part of the discussion. Depending on the case, the court may consider restrictions or supervision designed to address a specific concern rather than relying only on the dollar amount of the bond. The motion and hearing should give the judge concrete reasons to reconsider the original amount.

Oklahoma Law Prohibits Excessive Bail

Both the United States Constitution and the Oklahoma Constitution prohibit excessive bail. That does not mean every defendant has a constitutional right to whatever bond amount the defendant or family can afford. Bail serves legitimate purposes, including making sure the defendant returns to court and addressing public safety concerns recognized by law.

Oklahoma's Constitution also allows bail to be denied in specific categories of cases. Those include capital offenses and, when the required constitutional findings are made, certain violent offenses, offenses carrying a possible life sentence, felony cases involving specified prior felony convictions, and controlled dangerous substance offenses carrying a maximum sentence of at least ten years. A person being held without bond should not assume that “no bond” necessarily ends the issue. The legal basis for denying bail and the facts supporting that decision have to be examined.

Consider the Cost of Posting Bond Before Spending the Money

Getting a family member out of jail is important. The financial decision involved in posting bond can also affect what resources remain available to defend the criminal case.

A bail bondsperson requires a nonrefundable premium and money paid toward that premium is no longer available for attorney fees, experts, investigation, or other expenses associated with the defense.

Suppose the bond is high enough that the family is considering a substantial nonrefundable payment for a bail bond. Before making that payment, it may be worth determining whether there is a realistic basis to ask the court for a lower amount. A bond reduction is not guaranteed. When a reduction is justified and granted, however, the difference can be significant for both the defendant's release and the family's ability to deal with the criminal case that follows.

Does Posting Bond Prevent You From Getting a Public Defender?

Posting bond does not automatically make a defendant ineligible for appointed counsel. However, it can complicate the appointment of a public defender. Oklahoma law allows the court to consider the fact that the defendant, or someone acting for the defendant, posted a bond other than a personal recognizance bond. That fact cannot be the sole basis for deciding whether the defendant qualifies for appointed counsel.

The ability to get someone out of jail and the ability to pay a private lawyer are not necessarily the same financial question. A family member may provide the money for a bond even though the defendant has very little money personally.

This is a substantial change from the way this issue was sometimes treated in the past, and a defendant should not assume that posting bond automatically eliminates the right to apply for appointed counsel.

Bond Reduction Is Different From Choosing the Type of Bond

The form of the bond and the amount of the bond are separate questions. Oklahoma bail bonds can include surety bonds, cash bonds, property bonds, and personal recognizance bonds. The important question on a bond reduction request is whether the amount or release conditions should be changed.

If you are trying to understand how the different forms of bail work, the Oklahoma Bail Bonds resource addresses those distinctions in more detail.

What Happens If the Judge Does Not Reduce the Bond?

A motion to reduce bond does not require the judge to lower it. The judge can leave the existing amount in place if the court concludes that it remains appropriate. A denial also does not mean that the constitutional prohibition against excessive bail disappears. Oklahoma law provides a procedure for seeking further review when a defendant claims bail is excessive or has improperly been denied. Whether further review makes sense depends on the legal basis for the bond decision and the record made in the case.