When a family member is arrested in Tulsa, one of the scariest things you can hear is “no bond.” Can the court really deny bail entirely in Oklahoma? The answer is yes, but it only happens under a narrow set of circumstances defined in the Oklahoma Constitution, Article II, Section 8. For the vast majority of arrests in Tulsa County, bail is available and a licensed bondsman can post it.
Signature Bail Bonds has posted bonds in Tulsa County since 2006. We know which charges carry bond and which ones require a hearing before bail can be set. This article explains when bail can be denied in Oklahoma, what happens if it is, and what families can do about it.
When Can Bail Be Denied in Oklahoma?
Under the Oklahoma Constitution, Article II, Section 8, bail may be denied for five categories of offenses:
- Capital offenses when the proof of guilt is evident or the presumption of guilt is great. Capital offenses are crimes where the death penalty is a possible sentence, such as first-degree murder.
- Violent offenses as defined under Oklahoma law (Title 57, Section 571). This includes crimes like robbery with a weapon, kidnapping, arson, and certain domestic violence charges.
- Offenses where the maximum sentence is life imprisonment or life without parole. This covers the most serious felonies in Oklahoma’s criminal code.
- Felony offenses where the defendant has two or more prior felony convictions from separate cases. Repeat offenders face a higher standard for release.
- Controlled dangerous substance offenses where the maximum sentence is at least 10 years. Drug trafficking charges often fall into this category.
For all five categories (except capital offenses, which have their own standard), the state must show that the proof of guilt is evident or the presumption of guilt is great AND that no conditions of release would protect the safety of the community. This is a high bar. The court cannot deny bail simply because the charges are serious.
Does “No Bond” Mean They Can Never Get Out?
Not necessarily. “No bond” at the time of booking means bail has not been set yet, not that bail has been permanently denied. Many people booked into David L. Moss on serious charges initially show “no bond” in the system until they appear before a judge. The judge then holds a hearing, reviews the charges and the evidence, and decides whether to set bail and at what amount.
Even for charges that qualify for bail denial, the defendant has the right to a hearing, the right to an attorney, and the right to present evidence. The court must issue written findings if it denies bail. A defense attorney can argue for release by showing ties to the community, stable employment, family responsibilities, and a willingness to comply with strict release conditions like electronic monitoring or drug testing.
What Is a Bond Reduction Hearing?
If bail is set but the amount is too high for the defendant or their family to afford, a defense attorney can request a bond reduction hearing. At this hearing, the judge considers several factors (sometimes called the “Humphrey factors” in Oklahoma courts):
- The seriousness of the offense
- The defendant’s criminal history
- The defendant’s ties to the community (family, employment, how long they have lived in the area)
- Whether the defendant is a flight risk
- Whether the defendant poses a danger to the community
- The defendant’s financial ability to post bail
- Any prior failures to appear in court
A strong showing on these factors can result in a significantly lower bail amount, sometimes low enough for a family to afford a bail bond where they could not before.
What Charges Usually Carry Bail in Tulsa?
The majority of arrests in Tulsa County carry bail. Most misdemeanors and non-violent felonies have preset bail amounts on the county’s bail schedule, which means bail can be posted shortly after booking without waiting for a judge. Common charges where bail is typically available include:
- DUI and driving under the influence
- Drug possession (non-trafficking amounts)
- Simple assault and domestic assault
- Theft, shoplifting, and property crimes
- Probation violations (in most cases)
- Burglary, fraud, and forgery
For these charges, a bail bondsman can typically post bond the same day the bail amount is set. Signature Bail Bonds offers zero down bail bonds and 0% interest financing for families who need help covering the premium.
What Happens if Bail Is Denied After a Hearing?
If a judge denies bail after a hearing, the defendant stays in custody at David L. Moss or the holding facility until the case is resolved. The defense attorney can appeal the denial or file a petition for a writ of habeas corpus to challenge the detention. In some cases, circumstances change (charges are reduced, new evidence surfaces, a plea agreement is reached) and the court reconsiders bail at a later date.
Families in this situation should stay in close contact with their defense attorney and keep documentation of anything that supports the defendant’s case for release, including employment records, family support letters, and evidence of community ties.
What About Domestic Violence Charges?
Oklahoma law requires judges to take extra steps when setting bail for domestic violence charges. Under Oklahoma Statutes Title 22, Section 1101(E), the court must assess prior patterns of abuse and present written findings on the bail amount. Bail is not automatically denied for domestic violence charges, but the court has the authority to set conditions like no-contact orders, GPS monitoring, or surrender of firearms as part of the release terms.
If your family member was arrested on a domestic violence charge in Tulsa and bail has been set, a bondsman can still post the bond. Call 918-SIGNOUT (918-744-6688) and we can walk you through the specific conditions attached to the bond.
Call Signature Bail Bonds for Help
If your loved one is sitting in jail and you are not sure whether bail is available, call us first. Signature Bail Bonds can check the bond status, explain the charges, and tell you whether a bond can be posted right now or whether a hearing is needed first. We have been doing this in Tulsa County since 2006 and we know how the system works at every level.
Call 918-SIGNOUT (918-744-6688) any time, 24 hours a day, 7 days a week. You can also start the process through our online bail bond application. The sooner you call, the sooner you have answers.
