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Although it was reported as linked above that
bail has been set for the four suspects, we know this is not true for a couple of reasons.
First, pursuant to OK criminal procedures, setting bail requires a hearing before the Judge, and the four named defendants for this case haven't even made their initial appearances yet!
Second, as each are being charged with two counts of first degree murder, capital offenses, (in addition to other charges), where the crime is punishable by death, imprisonment for life, or imprisonment for life without parole, they are not eligible for bail release at this time.
Pursuant to the OK Constitution, while bail is a right, it may be denied for the following:
- capital offenses when the proof of guilt is evident, or the presumption thereof is great;
- violent offenses;
- offenses where the maximum sentence may be life imprisonment or life imprisonment without parole;
- felony offenses where the person charged with the offense has been convicted of two or more felony offenses arising out of different transactions; and
- controlled dangerous substances offenses where the maximum sentence may be at least ten (10) years imprisonment.
Yet, even if the Defendant is charged with one of the above offenses,
the proof or presumption of guilt must be great.
During the preliminary hearing, if the State fails to satisfy the PEPG burden to hold the defendant until the trial concludes, only then will a defendant charged with a capital offense be considered for pretrial bail release.
www.oklahomalegalgroup.com