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Oklahoma Cash Bond Laws

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    Amount Set By Bail Commissioner

    • The amount of bail required for a defendant to be released from custody is set by the bail commissioner at the court in which the defendant is processed following his arrest. While there are no set terms that the court must follow when setting bail, Oklahoma courts may not set a bail amount that is unreasonable under the circumstances. However, the amount may be large enough to persuade a defendant to show up for scheduled court appearances as opposed to leaving the state or country in an attempt to evade prosecution.

    Payment Requirements

    • Defendants who wish to free themselves from custody by supplying a cash bond must pay the entire amount of the bond up front with cash, money order, cashier's check or some other cash equivalent. Therefore, if the bail amount is $15,000, the defendant must pay $15,000 to the bail commissioner in order to secure his release. If the defendant is unable to pay for a cash bond, he may seek the assistance of a bail bondsman.

    Forfeiture Upon Failure to Appear

    • Defendants who supply a cash bond and later fail to appear for their arraignment, preliminary hearing, trial or other scheduled court appearance will be required to forfeit the entire amount of the cash bond. Additionally, most judges will issue a bench warrant for the defendant's arrest in the event that he does not show up to court for a scheduled hearing.

    Return of Bail

    • Once a defendant's case has been disposed of or adjudicated, the court must return the defendant's cash bond if he has complied with the terms of the bond by appearing in court. Unlike a bail bond secured through a third party, with a cash bond, the defendant will receive a bail refund for the entire amount that he paid to the court to secure the bond.

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