Tulsa, Oklahoma Bail Hearings
In some instances, it is necessary to post bail in order to be released from jail while you await the disposition of the charges filed against you. On more serious charges, the court will deny bail altogether. Bail is an amount of money that a person facing criminal charges can pay to guarantee that they will appear for their court date. If the person appears in court, he or she will receive a refund of that money. The bail amount is set for some charges and is determined by the court for others. On more serious charges, the court may deny bail altogether.
The Legal Process of Determining Bail
The purpose of requiring bail is to allow people who are charged with a crime to be released from jail with an assurance that they will appear for their court date. Accordingly, there are a number of factors that a court will typically consider when determining an appropriate amount for bail. The prosecuting attorney typically tries to persuade the judge that bail should be set high or that it is inappropriate, while the defense attorney argues for a low bail amount. Standard factors that are considered by the court include the following: (1) the nature and surrounding circumstances of the charged crime; (2) the defendant’s ties to the community; (3) the defendant’s financial resources; (4) the defendant’s length of residency in the community; (5) the defendant’s mental condition; (6) the defendant’s criminal history; and (7) if applicable, the defendant’s attendance record for prior court appearances.
The Importance of Legal Assistance for Determining Bail
It is important to have the assistance of an attorney at a bail hearing. First and foremost, if you are in jail, you will not be able to be present at a bail hearing and assert arguments on your own behalf. Secondly, a qualified criminal attorney understands the protocol and procedures to follow in persuading a judge to set your bail at a reasonable amount. This is crucial because a bail that exceeds your financial resources is akin to not being granted bail. Finally, the bail hearing marks the beginning of your legal journey. Having an experienced criminal attorney by your side from the very beginning of your case will ensure that your legal rights are protected at every stage of the criminal justice process.
If you or someone you know is facing criminal charges, you need the help of the experienced attorneys at the Edge Law Firm. For more information and for a free evaluation of your case, call our office or submit our online form.
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