When a judge sets bond for an inmate in Oklahoma, they consider several factors to determine the appropriate amount and conditions for release. These factors help ensure the individual will appear in court and protect public safety. Below are some key considerations:
1. Nature and Seriousness of the Crime
Judges assess the severity of the offense. For example:
A person charged with violent felonies like assault or armed robbery may have a higher bond or be denied bond altogether.
Lesser offenses like non-violent misdemeanors (e.g., petty theft) often result in lower bonds.
2. Defendant’s Criminal History
A repeat offender or someone with prior convictions (e.g., a history of DUIs or domestic violence) is likely to receive a higher bond.
A first-time offender or someone with no criminal record may qualify for a lower bond or release on recognizance (ROR).
3. Risk of Flight
Judges evaluate whether the defendant is likely to flee before trial:
Strong community ties (e.g., family in Oklahoma, stable job) can help lower bond amounts.
A history of failing to appear in court increases bond amounts or may lead to stricter conditions.
4. Danger to the Community
Judges consider whether releasing the defendant poses a risk to public safety:
Someone charged with domestic violence may face higher bond amounts to protect victims.
Defendants charged with drug trafficking may be seen as a greater threat than those facing charges for simple possession.
5. Employment and Financial Status
The judge assesses the defendant’s ability to pay:
Indigent defendants may receive lower bonds to avoid excessive financial burdens.
Wealthier defendants may face higher bonds to ensure accountability.
6. Circumstances of the Arrest
The manner of the arrest can influence the bond decision:
Cooperation during arrest may lead to leniency.
Resisting arrest or attempting to flee may result in higher bonds.
7. Input from Prosecutors and Defense Attorneys
Prosecutors may argue for higher bonds based on risks, while defense attorneys advocate for lower bonds, citing mitigating factors.
8. Victim Impact Statements
For crimes involving victims, their input or fears for safety may influence the judge’s decision.
9. Use of Bond Schedules
Oklahoma has bond schedules that suggest standard amounts for specific offenses. For example:
-Driving under the influence (DUI): $1,000 to $5,000.
-Felony drug possession: $2,500 to $10,000.
Judges often use these schedules as a baseline but can adjust based on other factors.
Examples of Specific Considerations in Oklahoma:
For an inmate charged with methamphetamine trafficking, the judge may:
-Set a high bond due to the nature of the drug and its societal impact.
-Require additional conditions like GPS monitoring.
For someone arrested for shoplifting under $500, the judge might:
-Set a low bond, possibly $500 or OR.
-Consider community service as a release condition.
Each case is unique, and judges weigh these factors alongside local laws and guidelines.
