Understanding Bail Denial in Oklahoma
Can bail be denied in Oklahoma? I’m Tulsa attorney James Wirth, that’s the question that we have, and the answer is yes, but it should be in only limited circumstances. And this goes to the Oklahoma Constitution, so let me just tell you what that provides. It’s Article II, Section 8, and it talks about the right to bail and exception.
It says, all persons shall be bailable by sufficient sureties, except that bail may be denied for capital offense when proof of guilt is evident. So capital offense means essentially a crime where we’re looking at the death penalty, but even in the case where we’re talking about the death penalty, the proof of guilt has to be evident, and then it can be denied bond.
Understanding the Criteria for Bail Denial
Number two, violent offenses. Number three, offenses where the maximum sentence may be life imprisonment or life without the possibility of parole. Number four, where the person has been convicted of two or more felony offenses arising out of different transactions. So that’s someone who’s got a charge of his former felony convictions. Number five, CDS, controlled dangerous substances offense, where the maximum sentence is at least 10 years imprisonment.
But just like for the capital offense, for these, it says the proof of guilt must be evident, or the presumption must be great, and it must be on the grounds, the limitation, that no condition of release would assure the safety of the community or any person.
Knowing Your Rights in Bail Denial Cases
It is important to know that holding you in custody for pretrial detention cannot be for punishment, it cannot be punitive. It is to ensure your appearance at court and to protect society. So if you can assure that you’re gonna appear at court and you can assure that with some conditions you’re not a danger to the public, then you should be entitled to bail. So that’s the question regarding, can bail be denied in Oklahoma? Yes, but only under limited circumstances that you do have grounds to fight in a lot of cases.
Schedule Your Initial Strategy Session
If you’re dealing with a bail denial case in Oklahoma, it is important to seek legal advice from an experienced Tulsa criminal defense attorney. To schedule a low-cost initial strategy session with a lawyer at my office, please call 918-879-1681 or visit MakeLawEasy.com.
