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How does criminal bail posting process work and what is a "walk-through"?
Posting Bail in Oklahoma
There are multiple methods one may employ to post bail. If enough funds are readily available, a Defendant can simply post cash in the full amount. The reality of the situation though is that most people are not able to post cash bond. Moreover, it is far better to utilize those cash resources to retain an attorney. The vast majority of criminal Defendants use bail bondsman. An Oklahoma bail bondsman will usually require that the Defendant post between 10% and 15% of the bail with the bail bondsman acting as a surety for the remaining amount. Many bail bond providers will also require collateral if the Defendant is not a resident of Oklahoma. If the criminal defendant does not post bail then he/she will remain in custody pending the outcome of the criminal process.
If Compton Law criminal defense lawyers are retained prior the the bail process we contact a qualified bail bondsman early and coordinate the process to have you bonded out as soon as possible. In some instances we are able to contact the Prosecuting attorney prior to arrest and coordinate a "walk-through" booking process to minimize the time spent in jail.
If you need a criminal defense attorney to help with posting bail, 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.
What happens at the initial criminal court appearance hearing?
What happens at the initial criminal court hearing?
After the individual is arrested, he or she is “booked” or processed into jail. This usually occurs at the local police station or county sheriff’s office. Many counties then have a set Bond Schedule wherein the defendant can go ahead and arrange for bail to be posted and released.
However, depending on county and the criminal charges involved, the defendant can be held over for an initial appearance or “Bond Hearing” or “Arraignment” where the judge sets bail. Certain counties, including Caddo county, do not have set bond schedules and the judge hears evidence, arguments, and sets bail.
It is important to retain counsel prior to your bond hearing. Many times counsel can reduce the bond or obtain an “OR” Own Recognizance bond which does not require a bail bondsman nor does it require putting up money or collateral. Compton Law Firm attorneys have represented many criminal defendants at bond hearings, call 405-542-2529 to arrange representation.
If you need an attorney to represent you at your initial hearing, 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.
What are the grounds for arrest in Oklahoma?
How is a person Arrested in Oklahoma?
The criminal process in Oklahoma is started with an Arrest. There are essentially two possible ways in which one may be arrested with an arrest warrant or without. First, under certain situations law enforcement officers can make an arrest (or write you a ticket) without a warrant.
The other way to be arrested is with a valid arrest warrant that is signed by a judge. Arrest warrants are generally issued in one of two ways: by information or indictment. The “Information” is essentially a piece of paper which lays out the relevant factual situation and the offense for which the individual is charged and is accompanied by an affidavit attesting to the facts. This triggers a Judge to issue an arrest warrant and it is very simple for the prosecution to obtain an arrest warrant via Information. Second, and much more complicated, a grand jury indictment can serve as the basis for an arrest warrant. The multicounty grand jury is composed of random people who live within the counties or court districts involved and are generally picked from driver’s license information.
The grand jury has the power to return an indictment on the basis that when all the evidence before them, taken together, is such as in their judgment would, if unexplained or uncontradicted, warrant a conviction by a trial jury. Only nine participants in a multi-county grand jury in Oklahoma have to agree that an indictment should be returned. Grand Juries have enormous investigative powers, not only can they hear evidence of the prosecution and the accused, they can request evidence and issue subpoenas.
In either situation, an arrest warrant will be issued, and an individual may be arrested pursuant to the warrant. Otherwise, Generally speaking, the police can make an arrest without a warrant if:
- the police observe the person attempting or committing a crime, or
- a reliable informant provides reasonably sound information to the police regarding a felony crime and the person who committed that crime, and if time permits, the police verify the information, or if time does not allow, the police should be reasonably certain that the information is valid, or
- the time lost in obtaining a warrant would permit the perpetrator to escape or evidence to be lost, and
- the officer has probable cause for an arrest.
IMPORTANT! If you or a loved one has been arrested or might be arrested you MUST contact an attorney immediately! DON'T GIVE A STATEMENT NOR TALK TO THE POLICE. Learn about your rights, including your right to remain silent.
If you need an attorney to represent you for an arrest or pending arrest, 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.
What are the possible resolutions to Oklahoma criminal charges
Possible Resolutions to Oklahoma Criminal Charges:
Charges are dismissed.
A verdict of not guilty constitutes an acquittal. In other words, to find a defendant not guilty is to acquit. At trial, an acquittal occurs when the jury (or the judge if it's a judge trial) determines that the prosecution hasn't proved the defendant guilty beyond a reasonable doubt
A courtroom trial that has been terminated prior to its normal conclusion because of some error in the proceedings. A mistrial has no legal effect and is considered invalid.
A conviction may result in either an incarceration or suspended sentence.
You are convicted of a crime and confined to jail or prison.
You are convicted of a crime but are on probation for all or part of the sentence; it is suspended so you do not have to go to prison for that amount of time, as long as you satisfy the conditions of probation. The probation may be “supervised” or “unsupervised.” If it is supervised, you must regularly report to a probation officer. If it is “unsupervised,” you simply must obey the rules of probation and not break the law. If you are unsuccessful, however, you may be sentenced to spend the entire sentence in jail or prison.
You are not convicted of a crime until you are found guilty and punished for the crime. With a deferred sentence, the judge accepts your guilty plea to the crime but postpones, delays or defers sentencing until a later date, usually several years away. If you do everything the court orders you to do, the court will dismiss your case and the charge will not appear on your court record. You may be ordered to pay all court costs and fees, see a probation officer, go to treatment and make sure you do not break the law again. If you do not successfully complete the deferred sentence requirements or if you are charged with committing a “new” crime, the Court may sentence you to jail or prison. Even if you complete your deferred probation, your arrest will still appear on the records of the Oklahoma State Bureau of Investigation unless you obtain an expungement.
If you need a criminal defense attorney to help you with criminal charges, 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.
How are crimes classified in Oklahoma?
Crimes are generally classified as felonies or misdemeanors. Usually, felonies are punished by a sentence of one year or more in prison. Misdemeanors are generally punished by one year or less in a county jail. Probation is also a possibility. Under probation, a person would not serve any time in jail or prison.
If you need a criminal defense attorney to represent you, 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.
How do I get my bail lowered in Oklahoma?
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.
What can I do If I'm arrested for DUI?
The ramifications for a DUI conviction in Oklahoma are significant. A DUI will significantly affect your job and career choices, your finances and bank account, your mental health and wellbeing, your ability to drive, and your family. Our DUI defense lawyers are aggressive and meticulously pour over every single detail of the arrest and evidence. We aren't the firm you hire for simple plea assistance, we are the firm you hire when you want to aggressively challenge the charges.
There are many factors and specific actions we review in each case; however, the two following groups are the most important:
Our Constitution protects against unreasonable searches and seizures by requiring law enforcement to have probable cause (that a crime is being committed) before they can pull you over. This can include any crime such as left of center, tag light, speeding. However, driving late at night in a particular area of town is not probable cause.
Once the office has probable cause to pull you over he cannot simply issue a breath test. First, he must have a second probable cause requirement in suspecting that you are impaired. After this he can begin his field sobriety test, breath test for blood alcohol, or blood test for alcohol.
THE DUI DEFENSE
The above two scenarios may sound simple but are filled with statutory and case law requirements that must be followed by law enforcement or your case may be dismissed. Our firm begins the process by requesting the booking video, officer's dash cam video, breath test video, analyzing the Officer's affidavit, analyzing the actual traffic citation. Simultaneously we will issue certain discovery questions to the law enforcement agency asking to review the breathalyzer and user's credentials, maintenance, training, and history. You might be very surprised at the number of DUI cases in Oklahoma that are dismissed because of flaws and errors in the arrest and booking process.
At Compton Law, our job is to mount a powerful defense by understanding all the intricate details and facts surrounding your case, which also includes visiting the arrest location. If you feel this is the level of DUI Defense you deserve, contact us today or call 405-542-2529 (542-CLAW).
How much is a DUI Bond in Oklahoma?
The Bond amount for a DUI arrest in Oklahoma varies depending upon several factors including: number of previous DUI's, or the severity of the impairment (was it an aggravated amount of Blood Alcohol Content), whether there was property damage or personal injury, and whether there were any other additional charges. In General, the Bond will range from $1,000 to $5,000 and many bail bondsmen charge 10% meaning you would be out of pocket $100 - $500. However, many times if you are represented by a DUI attorney at the bond hearing then the District Attorney would agree to an O.R. bond. Here, you would still have a $1,000 - $5,000 bond, but you would not have to post money, property, or hire a bondsman. So, rather than paying money to bond out, you can utilize those funds to put towards attorney fees.
If you are arrested for DUI you or a family member can contact our office 24/7 to report the arrest and bond hearing date. You can fill out a webform, go to our website for Live Chat, or call 405-542-2529.
Read more about DUI laws and procedures, and other legal topics here.
The child support, calculated by the child support guidelines, is not high enough to support my child’s accustomed standard of living. Does the district court of Oklahoma have to follow the guidelines?
“The child support, calculated by the child support guidelines, is not high enough to support my child’s accustomed standard of living. Does the district court of Oklahoma have to follow the guidelines?” The Oklahoma child support guidelines are typically followed by the district court, but in certain situations, the Oklahoma court will order a deviation in the guidelines. This means the child support ordered is different than what the child support guidelines state. Usually, this will happen when the gross monthly income of the parties is over $15,000.00 because the child support will not take into account the accustomed standard of living of the child. When a deviation is requested, the court will look to see the child’s needs, the parent’s ability to pay, and the child’s prior standard of living.
For more information or if you need help deviating from the Oklahoma Child Support Guidelines, contact us here, or call 405-542-2529.
How is Oklahoma Child Support determined?
“How is Oklahoma child support determined?” The court uses the Oklahoma child support guidelines to determine the amount that is to be paid. Child support is calculated by using an income sharing approach. The guidelines look at several different factors such as, overnights with each parent, income of each parent, any insurance covering the children, and several other factors. Each factor is entered into a spreadsheet that calculates financial responsibility. After each field is entered, the guidelines determine the monthly child support obligation. This calculation is used to guide the court in determining child support.
Child support calculations have many issues that can be calculated improperly and cost you significant money over time. For more information or if you need help calculating Oklahoma child support, contact us here, or call 405-542-2529.