Federal vs State Bail Bond Statutes

Federal bail bond statutes

Bail bond statutes will vary between state and federal courts. When suspects will be tried in federal court, federal statutes govern the bail bond process. Federal bail bond statues now allow courts to retain individuals who are considered dangerous before trial to protect the public. They also govern which individuals can be retained without bail, including:

  • those charged with an offense accompanied by a maximum sentence of life in prison or the death penalty
  • those charged with drug offenses carrying a maximum penalty of more than ten years in prison
  • those charged with a felony offense who have been previously convicted of a felony
  • those who pose a serious risk of failure to return/flight
  • those who pose a serious risk of obstruction of justice
  • those who pose a serious risk of witness tampering
  • those charged with a violent crime

State bail bond statutes

The state clearly and carefully governs those practicing bail bonds and ensures they conduct business ethically and according to stringent licensing and ethical guidelines. Furthermore, just as federal statutes address the federal bail bond process.

In the state of Oklahoma, those charged with a capital felony or a felony committed while on probation and those who pose a danger to others if released can be held without bail. Furthermore, statutes prohibit bail for those arrested for failure to appear. This is different than federal guidelines in that those who are charged with a violent crime may still post bail if there is no reason to believe they are a danger to the public or any specific person or group.

Oklahoma bail statutes also allow a surety (or a bondsman) to arrest and produce to court an individual who failed to appear. In this case, the agent is required to identify himself or herself appropriately and follow all law governing arrest by surety. In order to become a “bail recovery agent” with the power to arrest additional guidelines must be met.