In short, bail is a part of our legal system that allows an accused person to be temporarily released from custody so they can continue their lives while they prepare for their day in court. In criminal cases, it is a sum of money, real property or bail bond that needs to be posted by or on behalf of a defendant to guarantee their appearance in court. The right to reasonable bail is guaranteed to you by the Eighth Amendment of the Constitution of the United States.
All cases are different. To answer this question in your case please contact a licensed member of our staff in the nearest Dustin’s Bail Bonds office, or by calling us at (405) 527-2730 and we can help direct you.
The court system will set the amount of bail required for the defendant’s release. Under state law, a company can provide a “bail bond” that guarantees payment of the full bail amount to the court if the defendant does not show up for all scheduled appearances. These bail bonds are offered by licensed bail service providers. For providing the pre-trial release service, bail service providers charge a premium – a percentage of the total bail amount, typically 10%. For example, for a bail amount set at $20,000, the premium would be about $ $2,000 plus any additional fees required. The bail service provider must charge the premium rate that it has filed with the Department of Insurance and the premium is not refundable once the defendant is released.
The defendant and any co-signer(s) are responsible to the bail service provider for the premium and any fees or additional expenses incurred by the bail service provider on their behalf. These monies are earned at the time the defendant is released from custody and therefore not subject to return. This is the case even if the defendant is found innocent, the case is dismissed or the defendant is placed back into custody for another offense.
This is a process by which a defendant who has failed to appear in court can have their bench warrant removed and the bail bond re-activated or “reinstated” with the court. The defendant, working with Dustin’s Bail Bonds Bail Bonds, will report back to the court which allows the court to set a new court date for the defendant. This proceeding may result in additional fees to the defendant/co-signer.
A forfeiture occurs when a defendant fails to appear in court. If a defendant misses a court date, a bench warrant is issued for their arrest. It is possible in many cases that the bail bond may be “reinstated” by the defendant working with Dustin’s Bail Bonds to report back to the court, which allows the court to set a new trial date for the defendant.
A Cash bond is just that, it may only be paid with Cash. If you appear for trial or the charges are disposed of before trial, the amount posted will be refunded. If you do not appear, all cash posted will be forfeited.
Property (e.g. land or home) may be used to post bail, provided that the net equity in the property meets or exceeds the amount of bail. To determine net equity deduct any liens, mortgages or deeds of trust, and ground rent, capitalized at certain percentage, from the assessed value of the property.
When posting property, you need to present tax bills, assessment notices, copies of a recorded deed or other public records. Each person whose name appears on the tax bill must sign the form, unless a power of attorney has been executed by one or both parties authorizing another signature.
Bail may be charged on certain credit and debit cards. Although a commissioner or clerk accepts the card, an independent company processes the charge. The charge includes the full amount of the bail and a service fee. These charges will appear on your next credit or debit card statement. The card and personal identification must be produced in person at the time of posting bail. (Contact a District Court commissioner or clerk for information on cards accepted and the fees charged.)
A bail bondsman charges a non refundable fee to post bail. In addition to the fee, the bondsman may require collateral security or property to secure your release. Collateral will be returned to the person who posted it after disposition of the charges. The service fee and collateral received must be displayed on the bail bond form (Oklahoma). Make certain that the information is correct on the form, that you receive a receipt and that you understand the action the bondsman may take if you fail to meet your obligations.