Tulsa Attorney BlogTulsa Attorney Provides Legal Expertise on Bail Bonds in Oklahoma

Publication Investigated Alleged Hate Crime

Tulsa legal expert Attorney James Wirth
TalkingPointsMemo.com quoted Tulsa attorney James Wirth in an article about a shooting in which Khalid Jabara, a Tulsa man of Lebanese heritage, was shot to death on his front doorstep. Witnesses alleged a neighbor charged as a suspect in the south-side killing, Stanley Vernon Majors, was motivated by ethnic hatred.

The online publication contacted James Wirth as a legal expert to explain what an Oklahoma judge was thinking when he released the suspect on bond shortly before the shooting. The suspect had previously been arrested for vehicular assault against the victim’s mother. A judge doubled the man’s bond but declined to hold him without bond on that charge.

Mr. Wirth explained that judges consider eight factors when determining what bail amount should be set for a particular defendant in a particular case.

Here is some of the background Mr. Wirth provided a reporter who asked about bail bonds in Oklahoma:

In Oklahoma a bond hearing is called a Brill hearing based on the case, Brill v. Gurich, 1998 OK CR 49.

The Brill case includes the following quote, as well as eight factors to consider when determining the amount of bail.

“We first want to reiterate that our constitutional provisions guarantee the right to bail to an accused in a criminal case subject to limited exceptions. This guarantee is based upon the legal principle that a person accused of a crime is presumed to be innocent of the charged offenses and shall be admitted to bail until his or her guilt has been determined. See Petition of Humphrey, 1979 OK CR 97, 601 P.2d 103, 106. Unless this right to bail before trial is preserved, the presumption of innocence will lose its meaning. See Stack v. Boyle, 342 U.S. 1, 4, 72 S.Ct. 1, 3, 96 L.Ed. 3 (1951).”

“Presently, the judges of this State are required to consider the guidelines set forth in 1979 in Petition of Humphrey, when setting the amount of bail.

These guidelines include:

  1.  The seriousness of the crime charged against the defendant, the apparent likelihood of conviction and the extent of the punishment prescribed by the Legislature;
  2. The defendant’s criminal record, if any, and previous record on bail if any;
  3.  His reputation, and mental condition;
  4. The length of his residence in the community;
  5. His family ties and relationships;
  6. His employment status, record of employment and his financial condition;
  7. The identity of responsible members of the community who would vouch for defendant’s reliability;
  8. Any other factors indicating defendant’s mode of life, or ties to the community or bearing on the risk of failure to appear.”

Read the full article here: http://talkingpointsmemo.com/muckraker/stanley-vernon-majors-granted-bail-before-alleged-murder

Free Consultation with a Tulsa Attorney

If you have questions about bail bond in Oklahoma, how bail is determined, or what happens after an order of protection has been served, contact Wirth Law Office at (918) 879-1681.

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