Oklahoma Bail Bonds
When someone is arrested and taken to jail, getting that person released is often the family's first concern. The court may require money or other security before the defendant is released, and the way the bond is posted can make a significant financial difference.
People often use the words bail and bond interchangeably. In practical terms, the court sets the amount and conditions required for release, and the bond is the legal undertaking used to secure the defendant's appearance in court.
Oklahoma uses several forms of bail. The four that most people are likely to encounter are a surety bond, cash bond, property bond, and personal recognizance bond. Understanding the difference is important before someone pays a bondsman, deposits a large amount of cash, or pledges real estate.
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Surety Bonds
A surety bond is what most people have in mind when they say they are going to “bond someone out.” A licensed bail bondsperson posts the appearance bond and agrees to be financially responsible for the bond if the defendant does not comply with the obligation to appear in court. The defendant, a family member, or another person pays the bondsperson a premium for providing that service.
The premium is different from money deposited directly with the court. It is payment to the bondsperson for posting the bond and it is not refundable at the end of the case. Do not assume that every surety bond will have the same premium, collateral requirement, co-signer requirement, or payment arrangement. Oklahoma law requires the premium to be identified on the appearance bond, and the bondsperson must provide a receipt showing the fees, premium, collateral, and other payments received, along with copies of agreements related to the bond.
Read those documents before signing them and keep copies. A bond agreement can also require collateral. Depending on the agreement, that may involve property or other assets securing the person's obligations to the bondsperson.
Cash Bonds
A cash bond avoids using a commercial bail bondsperson. The defendant or someone acting on the defendant's behalf deposits the full bond amount with the court clerk authorized to accept bail. If the court sets a $10,000 cash bond, $10,000 must be deposited to satisfy that amount. The person posting the cash is not paying a premium to a bondsman. The money is being held as security for the defendant's appearance.
If the defendant fails to appear when required, the cash bond is subject to forfeiture. When the bond is later exonerated and has not been forfeited, the court determines the return of the deposited funds. A person posting cash should not assume that the money is handled the same way as a bondsman's premium or that every case produces exactly the same refund process.
One practical advantage is easy to see: with a cash bond, the family is putting money into the court system as security rather than paying a separate commercial premium simply to have someone else post the bond. The disadvantage is equally clear. The entire bond amount has to be available up front.
Property Bonds
Oklahoma law also allows real estate to be used as security for a bond. A property bond requires more than telling the court that a house is worth enough to cover the bail. Oklahoma has a statutory method for valuing the property. For bond purposes, the law defines the property's market value as four times its assessed value on the tax rolls, minus existing liens or other encumbrances.
For a property bond posted by the defendant or another individual rather than a licensed property bondsman, the face amount of the bond cannot exceed that statutory market value.
The paperwork must identify the property, its assessed valuation, existing encumbrances, and the status of title. The property must be located in Oklahoma and be legally available to satisfy the bond.
A homestead can also be used, but the homestead exemption has to be waived in writing. If the owner is married, the spouse must also execute the required waiver.
Once the property bond is approved, the bond is recorded as a lien against the real estate. That lien remains until the bond is formally discharged. Using a house or other real estate to secure someone's release is a serious financial decision. If the defendant fails to appear and the bond is forfeited, the pledged property is exposed to the forfeiture process.
Personal Recognizance or Own Recognizance Bonds
A personal recognizance bond, often called a PR bond or OR bond, allows a defendant to be released without depositing cash with the court or paying a commercial bondsperson to post a surety bond. That does not mean the defendant has been released without obligations.
The judge can impose conditions on the release. The court can also establish a financial penalty that becomes subject to forfeiture if the defendant violates the terms of the recognizance.
PR release is discretionary and is rarely available. Oklahoma law specifically restricts personal recognizance release for some offenses, and the judge can consider the charge and the circumstances of the defendant before deciding whether PR release is appropriate.
A felony charge does not automatically make a PR bond legally impossible. The particular offense, statutory restrictions, the defendant's history, risk of failing to appear, public safety concerns, and other circumstances have to be considered, but again, in my experience PR bonds are rarely issued by judges setting bail.
The Type of Bond and the Amount of Bond Are Different Questions
A family can understand exactly how a surety or cash bond works and still have a different problem:
The bond amount may simply be too high.
The form of the bond answers how the required security will be provided. It does not answer whether the amount originally set by the court should remain the same. If the bond is so high that the defendant remains in jail, a defense lawyer can examine whether there is a basis to ask the judge for a lower amount or different release conditions.
That issue is addressed separately in Bail Bond Reduction in Oklahoma.
Release Conditions Still Matter After the Bond Is Posted
Posting the required bond does not necessarily mean the defendant is free to do anything he or she wants while the case is pending. A judge can impose conditions of release. The particular conditions depend on the charge and the circumstances.
A bond document or release order may require the defendant to obey restrictions established by the court in addition to appearing for court dates. Violating those conditions can create problems with continued release even when the original bond was properly posted. The defendant needs to understand the bond paperwork and every release condition before leaving the courthouse or jail.
What Happens If Someone Misses Court?
Every form of bond is built around the defendant's obligation to appear when the court requires it. If the defendant fails to appear, the judge can issue an arrest warrant and begin bond forfeiture proceedings.
The financial consequence depends on the type of bond. With a cash bond, the money deposited with the court is at risk. With a property bond, the pledged real estate secures the obligation. With a surety bond, the bondsperson faces liability on the undertaking and may take lawful steps to return the defendant to custody. A personal recognizance bond can also carry financial forfeiture consequences. Missing court is not something to ignore and hope disappears on its own.
Before Paying for a Bond, Know What You Are Buying
Families are often making these decisions quickly, sometimes late at night and while trying to understand an unfamiliar criminal charge at the same time. Before paying money or pledging property, make sure you know:
- the actual amount of the bond;
- whether the court requires a particular form of bond;
- how much money must be paid immediately;
- whether the payment is a court deposit or a bondsman's premium;
- whether collateral is required;
- whose property or money is being placed at risk;
- what conditions of release apply; and
- what happens if the defendant misses court.
A rushed decision can tie up a substantial amount of money or property before the family understands the alternatives.
Frequently Asked Questions About Oklahoma Bail Bonds
Do I have to use a bail bondsman to get someone out of jail?
No. Depending on the court's order and the circumstances, bail may be satisfied through a cash bond, property bond, surety bond, or personal-recognizance release. Some charges have specific statutory release requirements, so the available options are not identical in every case.
Can a family member post a cash bond for the defendant?
Yes. Oklahoma law allows another person to deposit the required cash on the defendant's behalf.
Is a cash bond the same thing as paying a bondsman?
No. A cash bond is money deposited with the court clerk as security. A premium paid to a bail bondsperson is payment for the service of posting a surety bond.
Will I automatically get every dollar of a cash bond back?
Do not assume that. A cash bond that is forfeited because the defendant failed to appear is at risk. When the bond is exonerated, the court determines how the deposited funds are returned under the applicable law and court order.
Can I use my house to post bond?
Oklahoma allows qualifying real estate to secure a property bond. The court uses the statutory valuation method, not simply the owner's estimate of what the property would sell for. Existing liens reduce the value available for bond purposes, and an approved property bond creates a recorded lien against the real estate until the bond is discharged.
Is a PR bond only available for misdemeanors?
No. Oklahoma's general personal recognizance statute is not limited to misdemeanors. The judge has discretion, and separate statutes restrict PR release for certain offenses. However, PR bonds are rarely issued by Oklahoma judges.
What if the bond is too high for my family to post?
The amount of the bond and the form of the bond are separate issues. If the amount itself is keeping the defendant in jail, a lawyer can evaluate whether there is a basis to request a bond reduction or different release conditions.
Talk With Henson Law Firm About Bail After an Arrest
If you or a family member has been arrested and you are trying to understand how to get out of jail, Rob Henson can review the bond amount, the type of bond that has been set, the release conditions, and whether another bond option or a request for reduction should be considered.
Henson Law Firm offers a FREE initial consultation.
Contact Henson Law Firm or call 918-551-8995 to discuss the bond and the criminal case.