Oklahoma Motion to Release Defendant and Set Reasonable Bail

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Multi-State
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US-02728BG
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a second deed of trust or mortgage on one's house.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.

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FAQ

Research described below suggests that people who lack economic resources?as well as people of color?may be particularly likely to be held in custody while awaiting the resolution of their cases?irrespective of the merits of their cases or their likelihood of pretrial success.

?All persons shall be bailable by sufficient sureties, except for capital offenses, where the proof is evident or the presumption great. Excessive bail shall not be required, nor excess fines imposed, nor cruel and unusual punishments inflicted.?

For minor offenses, the court may release you on your own recognizance without posting bail. You still have to appear in court for any upcoming hearings, and failure to show up could mean a warrant for your arrest.

Exonerating bail. ? Bondsman no longer responsible for the defendant. Clerk's obligation Mentioned in 1327, 1328 and 1332. ? 1327(A) ? surrender of defendant prior to breach (to Court) ? requires the Court clerk to enter.

Pretrial Release by the Court. The Penal Code provides four options for pretrial release: release on bail; release on own recognizance (OR); release under supervision; and pretrial diversion.

Defendants charged with violent felonies as defined by Penal Code § 667.5(c), with serious felonies as defined by Penal Code § 1192.7(c), or with specific domestic violence offenses may not be released on their own recognizance without an open court hearing.

Defendants charged with a property offense were most likely to be released prior to the adjudication of their case (73%), while defendants charged with an immigration offense were least likely to be released (12%) (figure 1). There were 750,688 pretrial cases disposed during FYs 2011?18.

Defendants were less likely to be released if they had a prior arrest or conviction or an active criminal justice status at the time of arrest (such as those on probation or parole). A history of missed court appearances also reduced the likelihood that a defendant would be released.

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Oklahoma Motion to Release Defendant and Set Reasonable Bail