Posting Bail - Oklahoma City - Getting Out of Jail

The Oklahoma law firm of Atkins & Markoff has been providing zealous criminal defense representation for those accused of any type of crime for many years. The attorneys at the firm understand and help you work through this stressful situation from start to finish, and one aspect of any criminal prosecution is the issue of bail.

While the firm cannot provide defendants with any sort of guarantee on a bail or bond, the firm can and will help you prepare for your bond hearing and fight for the lowest amount of bail possible given the nature of your offense and every other aspect that goes into a judge’s determination of how bail should be determined.

If you have been arrested of a crime, you need to contact the criminal defense attorneys at the Oklahoma law firm of Atkins & Markoff immediately. Below is an overview of the issue of bail in Oklahoma as it would normally proceed in a typical criminal prosecution.

• Getting Arrested in Oklahoma

  The first step in any bail-related situation in Oklahoma must obviously start with an arrest. When a defendant is arrested, he or she is processed, usually at the local police station, and depending on the criminal charges involved, can be held over for an initial appearance before a judge who has jurisdiction to set the wheels of justice in motion.




• The Initial Court Appearance

  After a defendant is arrested and processed, he or she must appear before a judge of proper jurisdiction within a reasonable amount of time, which is usually within 24 hours unless the arrest occurs over the weekend. At this initial appearance, the court will hear arguments regarding bail. Several factors are considered when the court sets bail, including:

  • The nature of the offense alleged;
  • The defendant’s criminal history;
  • The evidence relating to risk of flight;
  • Standing in the community;
  • Any relevant factor that the judge deems appropriate.

  Based on these factors, one of three things can happen:

  • Bail is set at a certain amount;
  • The defendant is remanded to custody of the state and held over until trial; or
  • The defendant is released on his or her own recognizance.

  Some counties in Oklahoma use a pre-formulated schedule of bail amounts based on the nature of the crime involved, while other counties rely on a judge’s discretion. Regardless, the initial appearance is when the defendant in Oklahoma learns of his or her short-term fate regarding personal freedom.




• Reducing Bail in Oklahoma

  One factor that’s almost never considered by a judge who’s setting bail is whether or not a defendant has the ability to pay the amount. However, the defendant does have the right to request a hearing to reduce bail at an time during the criminal process, so if your bail is set at an amount that’s unrealistic for you to meet, you can either work with a certified bail bondsman or you can seek the help of an Oklahoma criminal defense attorney from Atkins & Markoff. Your attorney can help you fight for a more reasonable bail amount.




• The Nature of Bail in Oklahoma

  Bail can be gathered and ‘paid’ in more than one way. Of course, the easiest way for a defendant to meet bail is to simply pay it in cash. Since this isn’t realistic for many defendants, another option is to seek the help of a bail bondsman. In this situation, the defendant must come up with a percentage, usually between 10% and 15% of the total bond in cash and have the bondsman offer the court the remaining amount.

  Finally, the defendant can simply choose to remain in jail until such time as either his or her bail amount is reduced after a hearing or until the bail amount would otherwise be released, which usually occurs when the criminal proceedings are complete and/or the defendant offers himself up to custody.

Committed Oklahoma Defense Lawyers

As is the case with any criminally-related proceeding, you do have Constitutional rights that exist for your benefit at every step of the prosecutorial process. These rights and how they apply to your situation can vary depending on several factors, and the best way to gain an understanding of your rights and to fight for them is to contact a criminal defense attorney from Atkins & Markoff as soon as possible.

Your attorney will be able to fight for your rights during the bail hearing, and he or she will also be able to fight for a reduction of bail at any time during the criminal process if you are simply unable to pay or guarantee the amount. Do not allow the issue of bail to affect your mindset and/or your approach to your criminal defense.

However, in order to have these rights work in your favor, you need to assert them, as the prosecution is not going to do it for you. Contact a criminal defense attorney at the Oklahoma law firm of Atkins & Markoff today to begin the process of protecting and asserting your rights.