If you have been arrested and charged with a crime in Oklahoma, one of the first questions on your mind will likely be whether or not you can get out of jail before going to trial. The answer to this question depends on several factors, including the crime you are accused of and your prior criminal record. Understanding how bail and pretrial release work gives you the best chance of getting released from custody during pretrial proceedings.
At Parsons, Graham & Day, LLC, we understand the stress and anxiety of being arrested and facing criminal charges. We have worked with many clients over the years that have been in the same situation. Our experienced Oklahoma criminal defense team is here to help you navigate the legal process. We can assess your case and work to get you out of jail on bail as quickly as possible.
What is Bail?
A bail is a form of financial security provided by a criminal defendant in exchange for their release from jail pending the outcome of their trial. In Oklahoma, bail is available for all misdemeanors and felonies, depending on your criminal history. The purpose of bail is to incentivize defendants to appear in court and not flee the jurisdiction while they are awaiting trial.
The amount of bail that must be posted depends on the severity of the crime and other factors such as prior convictions or flight risk. If a criminal defendant skips bail, they are in violation of the court order that was issued when the bail was granted. This is considered a serious offense and can result in further criminal charges, fines, and even arrest.
The defendant may also be responsible for any remaining unpaid portion of their bail amount. Depending on the jurisdiction, the court may even issue a warrant for their arrest. Once arrested, a defendant who skipped bail will find it much more difficult to be released before trial as the judge may consider them a risk.
What is a Pretrial Release?
If a person cannot afford to post bail, they may be eligible for pretrial release through an agency known as a surety or bail bond company.
Surety companies act as third-party guarantors who agree to pay the full bond amount if a defendant fails to appear in court. They will usually require a nonrefundable fee and may also require collateral for high-risk individuals. To qualify for pretrial release, all applicants must meet certain criteria set forth by Oklahoma law. This can include having verifiable identification, stable residence, gainful employment, and being clear from any warrants or holds related to probation or parole violations.
Once released on pretrial conditions, defendants are subject to regular check-ins with their assigned case worker and special requirements such as drug testing or attending substance abuse counseling, depending on their charges and background history. Failure to comply with these terms could result in revocation of their release and result in further harsh penalties, including additional jail time or increased fines.
At What Stage of My Case Should I Seek a Criminal Defense Attorney?
If you or a loved one have been arrested, it is best to consult with a criminal defense attorney immediately. Gaining the upper hand in your case may require negotiating with prosecutors and other parties involved. If necessary, they can also help with bail and pretrial releases. Our team of skilled criminal defense attorneys in Oklahoma has the experience you need to build a solid defense and maintain your rights.
What Are the Benefits of Having an Experienced Criminal Defense Lawyer Right After Getting Arrested?
When someone is arrested in Oklahoma, they should know that bail and pretrial release are both options. But having a skilled criminal defense attorney can make the process much easier and stress-free while providing many advantages. Your lawyer will be able to explain the process of bail and pretrial release in great detail. We also provide strategic advice when negotiating with the prosecution and may be able to negotiate an agreement that allows you to avoid jail time altogether.
At Parsons, Graham & Day, LLC, we understand how overwhelming it can be to face criminal charges. We know how to stand up for your rights and protect your freedom. Contact our team today for a free consultation at 918-553-5571!