When a warrant is issued for a defendant’s arrest, in many counties in Oklahoma, the bail amount or bond amount is automatically set according to a bail schedule. If a defendant would like to have the bail amount lowered when arrested, the defendant can request a bond hearing.
However, it may take a couple of days to set and hold the hearing. Many Oklahoma counties handle the bond hearing this way. This is the second stage in an Okmulgee misdemeanor criminal case.
Purpose Of A Bond Hearing
No one wants to sit in jail pending a trial. Managing the bond part of the proceedings can be tricky, though. This is especially true when the bond is set according to a schedule.
The schedule is based on the crime that is charged. There is no other consideration other than the crime charged unless you ask for a bond hearing.
Cost is a factor for many defendants, but so are other things such as work, family, and other responsibilities.
The main purpose of a bond is to ensure that a defendant will appear at all subsequent court proceedings, including the trial if one is needed. This purpose must be balanced against the presumption that a defendant is innocent until proven guilty.
Keeping a person in jail pending trial renders that presumption meaningless. If you have a bond issue, you will need the help of an Okmulgee criminal defense attorney.
Factors Courts Consider At The Bond Hearing
Any time a person’s liberty is at stake is a good time to be represented by an experienced Okmulgee criminal defense lawyer. Representation at a bond hearing can result in the bond amount being lowered or eliminated. In that case, a defendant is released on their own recognizance — their promise that they will appear.
The factors reviewed by the court arise from Brill v. Gurich, 1998 OK CR 49. These factors include:
- The seriousness of the charge, the strength of the prosecution’s case, the likelihood of conviction, and the likely sentence that will be imposed. The stronger and more serious the case against the defendant, the less likely there will be a reduction in the bond amount.
- The defendant’s prior criminal and bond record. If the defendant has been convicted of a prior felony or skipped out on bail, it is unlikely that the court will reduce the bond amount.
- The defendant’s reputation and mental condition. A person of strong mind and character is likely to appear with a less stringent bond amount.
- The length of their residence in the community. A person with strong ties is less likely to skip out on bail.
- A person’s family ties and relationships. This too makes it less likely that a defendant will fail to appear.
- A person’s employment record and financial condition. A person who has a good record of employment and financial responsibility is more likely to appear.
- Community members who vouch for the defendant’s reliability. Character references can be important.
- Other factors that bear upon the defendant’s life, ties to the community, or the risk of failure to appear.
Additional Considerations For A Bond Hearing
All of the previously mentioned factors are important and should be addressed in a bond hearing. A motion needs to be filed with the court requesting a bond hearing. Your Okmulgee misdemeanor attorney can help with this.
All of these factors can be addressed in the motion and at the hearing. People who can vouch for your character can testify at your bond hearing.
The last factor is a catch-all. Perhaps, you have responsibilities like children. The presence or absence of children and your responsibility toward them can be meaningful to a judge.
All of these things matter in the bond hearing. You want the help of an experienced Okmulgee misdemeanor attorney in handling this part of your case. It can make a real difference.
Free Consultation With An Okmulgee Lawyer
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