Oklahoma Motion to Release Defendant and Set Reasonable Bond

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US-02735BG
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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 bond 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

Methods of Posting Bonds in Oklahoma The most common way for individuals to get out of jail is to hire a bail bondsman to post the bond for them. When a bail bondsman bonds an individual out of jail the bondsman is financially responsible if that individual does not show up to court.

If there is a breach of an undertaking, the court before which the cause is pending shall issue, within ten (10) days, an arrest warrant for the defendant and declare the undertaking and any money, property, or securities that have been deposited as bail, forfeited on the day the defendant failed to appear.

In Oklahoma, a defendant may be allowed to post cash bail with the court. Assuming they attend all court dates, their cash bail will be refunded.

Bond forfeiture is the enforcement of a guarantee. This can apply to any bond but the best example is the bail bond. Most commonly, bail bonds are forfeited when a defendant misses a court date. The bail bondsman or bondswoman must then pay the outstanding bail.

Oklahoma County jail averages between 8-12 hours, but can take up to 24 hours to release an individual after the bond has been posted.

What is a Bond Forfeiture? A forfeiture occurs when a defendant fails to appear in court. The judge will issue an order upon the surety and bail bondsman to present the full amount of the bond in cash to the court within a specified time frame.

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.

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Oklahoma Motion to Release Defendant and Set Reasonable Bond