It Is a Bail Bond Hearing
Video Transcribed: What is a Brill Hearing in the state of Oklahoma? I’m Tulsa attorney, James Wirth, and we’re talking about Brill Hearings. So what is a Brill healing? Well, that is a bail bond hearing.
That is a hearing that you’re entitled to determine an amount for a bail bond in order to be released from custody if you’ve been accused and arrested of a crime.
Now, the name comes from the case, Brill v. Gurich, and that’s 1998 OK CR 49. That’s a case from the Oklahoma Court of Criminal Appeals that was published back in 1998, and it’s got a couple of favorable quotes for defendants seeking release from pretrial detention. And what it provides is the court recognized that constitutional provisions guarantee the right to bail to an accused in a criminal case subject to limited exceptions.
This guarantee is based on the legal principle that a person accused of a crime is presumed to be innocent of that charge defense and shall be admitted to bail until his or her guilt has been determined. Unless the right to bail before trial is preserved, the presumption of innocence will lose its meaning.
The right to freedom before conviction permits the unhampered preparation for defense and serves to prevent the infliction of punishment prior to conviction.
The judge of this state shall have a duty and responsibility to apply the law and further in these matters, they must ensure bail is not used as a tool of punishment because constitutional mandate bail must be set in a reasonable amount to ensure the presence of an accused at future hearings and the denial of bail is allowed under very limited circumstances.
So that is the Brill decision from 1998, Oklahoma Court of Criminal Appeals, and it’s some strong words related to the rights of defendants and in determining how much bail should be set at, it actually goes to a different case, the Petition of Humphrey that lists seven provisions for that.
But if the question is what’s a Brill Hearing, it’s a bail bond hearing in Oklahoma, it’s based on precedent from the Oklahoma Court of Criminal Appeals down from 1998 in the Brill case.
And that’s why it’s called Brill. If you are dealing with the circumstance of being held in pre-trial detention, have questions about your rights to bail, then you’re going to want to talk to an attorney specifically about that to schedule that with somebody at my office. You can go online to makelaweasy.com.