Lowering Bail in Oklahoma
A Defendant can request a hearing to lower bail at any time during the criminal process. Generally, a judge will consider the following in deciding whether to lower bail:
- The offense the Defendant is charged with;
- The criminal history of the Defendant, if any;
- Whether the Defendant is a flight risk;
- Any potential danger to the public; and
- Other relevant factors the judge may deem applicable.
The main purpose of setting bail is to make sure the Defendant will appear at all required court proceedings, while also protecting the public from any potential threat of harm. Luckily, there are other restrictions that can be put in place, such as GPS ankle-monitoring, which may sway a judge into lowering bail. One factor that a judge will not consider: the Defendant’s ability to pay the bail. Still, according to the Oklahoma Constitution bail is a right, except that it may be denied for:
- capital offenses when the proof of guilt is evident, or the presumption thereof is great;
- violent offenses;
- offenses where the maximum sentence may be life imprisonment or life imprisonment without parole;
- felony offenses where the person charged with the offense has been convicted of two or more felony offenses arising out of different transactions; and
- controlled dangerous substances offenses where the maximum sentence may be at least ten (10) years imprisonment.
Yet, even if the Defendant is charged with one of the above offenses, the proof or presumption of guilt must be great. Furthermore, the judge must also find that there is no condition he or she can impose that will assure that there is no threat of danger to the public.
If you need help getting your bail lowered, contact us today or call 405-542-2529 (542-CLAW). Read more about our team, or continue reading and researching our free legal information library, or enter live chat.