Choctaw County Jail Inmate Bail & Bonds
Bail and bond basics for Choctaw County families
Choctaw County sits on the Red River in far southeastern Oklahoma. People arrested in Hugo, Boswell, Fort Towson, and Soper are booked into the Choctaw County Jail. Phone: 580-326-2130. Inmate search: Choctaw County Inmate Search.
1. Where would a person arrested in Soper be held?
The jail is at 305 East Jefferson, Hugo, OK 74743. Phone 580-326-2130.
The Sheriff's Office (580-326-2000) runs the Choctaw County Jail. At the Hugo jail, bring a photo ID. Hugo staff need the birth date. Hugo staff can list the payments taken.
2. Where is the Choctaw County court clerk?
The Choctaw County Court Clerk's office is at 300 E. Duke Street, Hugo, OK 74743.
The Choctaw County Court Clerk keeps case files and bond papers. Choctaw County case records are online at OSCN. Near Hugo, court dates come from the Choctaw County Court Clerk.
3. What happens first after a Choctaw County arrest?
Arrests near Boswell may lead to booking at the Choctaw County Jail (22 O.S. §1105.2). After that, the judge in Hugo must see the accused "without unnecessary delay" (22 O.S. §181). Certain charges are listed on the Judicial District 17 bail schedule (22 O.S. §1105.2). Before any charge, the judge in Hugo may set bail (22 O.S. §1105.2). Once bail is posted across Choctaw County, release must come "without undue delay" (22 O.S. §1105.2). Paying the listed sum at the Hugo jail may skip the hearing (22 O.S. §1105.2).
4. Who writes the bail schedule for Choctaw County?
Choctaw County belongs to Judicial District 17, shared with McCurtain and Pushmataha.
The presiding judge for Choctaw County may adopt a bail schedule (22 O.S. §1105.2). Across Choctaw County, the schedule must be made public (22 O.S. §1105.2). In Hugo, traffic, wildlife, and boating matters use a statewide list (22 O.S. §1115.3). In Choctaw County, yearly review comes by March 1 (22 O.S. §1105.2). Check with the Hugo court clerk's office for the latest amounts. A Choctaw County judge may still change it (22 O.S. §1105.2).
5. Which bonds work at the Hugo jail?
The main kinds of release at the Hugo courthouse:
• Cash bond: the full bail is deposited with the Choctaw County Court Clerk (22 O.S. §1106).
• Surety bond: a Choctaw County bondsman backs it for a fee (59 O.S. §1301).
• Property bond: land in Soper backs the bond (59 O.S. §1324).
• Own recognizance (OR): a promise to return to the Hugo courthouse (22 O.S. §1108.1).
For domestic abuse or stalking for Choctaw County, OR is not allowed (22 O.S. §1105(C)).
6. Can a judge in Choctaw County deny bail?
Most defendants near Soper have a right to bail (22 O.S. §1101(A)).
But in these matters, the judge for Choctaw County may deny bail (22 O.S. §1101(C)):
• A capital crime and evident evidence
• Violent crimes
• Crimes carrying life or life without parole
• Felonies after two earlier felony records
• Drug crimes carrying ten or more years
• Felony DUI with 2 prior ones
Other than capital matters for Choctaw County, one more finding is needed (22 O.S. §1101(C)). No condition would keep Boswell residents protected, the judge in Hugo must find (22 O.S. §1101(C)).
7. Why can't the Hugo jail release a domestic case?
For some charges, only a Choctaw County judge may set bail (22 O.S. §1105(B)). So do meth-lab charges around Hugo (22 O.S. §1105(D)). The judge for Choctaw County weighs facts like strangulation, weapons, and pregnancy (22 O.S. §1105(B)). Certain child sex crimes in Hugo carry a $15,000 minimum bail (22 O.S. §1101.1). Those cases across Choctaw County get no OR bond (22 O.S. §1101.1). Across Choctaw County, the list covers domestic abuse, stalking, harassment, and protective-order violations (22 O.S. §1105(B)). A repeat DUI in Hugo needs a Choctaw County judge as well (22 O.S. §1105(E)).
8. Can a Choctaw County judge release a person to supervision?
Choctaw County may fund a pretrial program (22 O.S. §1105.3). The Hugo judge decides in the end (22 O.S. §1105.3). Examples in Choctaw County include burglary, trafficking, and domestic abuse (22 O.S. §1105.3(C)). Once a Hugo bondsman posts bond, the program ends (22 O.S. §1105.2). Check with the court clerk in Hugo whether Choctaw County funds a program. The judge in Hugo may still order GPS or drug testing (22 O.S. §1105.3(D)). Excluded offenses near Soper number about 40 (22 O.S. §1105.3(C)). A program worker in Choctaw County screens the case (22 O.S. §1105.3).
9. What ought to a Choctaw County bondsman give me?
Every bondsman around Soper needs a license from the Oklahoma Insurance Department (59 O.S. §1305). On the bond, a Choctaw County bondsman must list the premium (59 O.S. §1316). From a Hugo bondsman, get a numbered receipt (59 O.S. §1316). Jailers, police, and judges near Hugo may not be bondsmen (59 O.S. §1315). Once the defendant leaves the Choctaw County Jail, the premium is earned (59 O.S. §1327). In Boswell, a written agreement can say otherwise (59 O.S. §1327). Cash collateral across Choctaw County goes into trust within two days (59 O.S. §1314). State law in Boswell sets no fixed percentage (59 O.S. §1316).
10. Can land in Choctaw County be pledged for bail?
Yes. Land around Boswell counts at four times its assessed value (59 O.S. §1324). A homestead around Hugo can count, with a written waiver (59 O.S. §1324). Any loans are subtracted for Choctaw County (59 O.S. §1324). Across Choctaw County, a property bond is a lien (59 O.S. §1324). It goes on file with the Choctaw County Clerk (59 O.S. §1324). Missing court across Choctaw County can put the land at risk (59 O.S. §1324).
11. What happens in Choctaw County after a missed hearing date?
A Choctaw County judge forfeits the bond (22 O.S. §1108). Skipping a felony date in Choctaw County on purpose is a separate felony (22 O.S. §1110). The Choctaw County Court Clerk must mail notice inside 30 days (59 O.S. §1332). Otherwise, on day 91 in Hugo, the full sum is due (59 O.S. §1332). A warrant in Soper may follow (22 O.S. §1108). Failing to surrender for 30 days around Soper may bring a charge (59 O.S. §1335). A bondsman near Soper then has ninety days in Choctaw County to return your relative (59 O.S. §1332).
12. Can a Hugo bondsman take back a bond?
Yes. A bondsman near Hugo may surrender your loved one (59 O.S. §1327). That may happen in Boswell before any missed date (59 O.S. §1327). If the contract around Hugo was broken, a Choctaw County bondsman may keep the premium (59 O.S. §1327). A licensed bail enforcer in Hugo may arrest the defendant (59 O.S. §1329). At a plea or sentence in Hugo, the bond ends (59 O.S. §1327). The District 17 District Attorney receives three days' notice (59 O.S. §1328).
13. Who may review a Choctaw County bond?
Around Hugo, excessive bail is not allowed (Okla. Const. Art. 2, §9). A lawyer may ask a judge in Hugo to lower it (Okla. Const. Art. 2, §9). A home and family in Choctaw County may help too (Okla. Const. Art. 2, §9). To change a surety bond near Boswell, a Choctaw County bondsman must sign (59 O.S. §1327). Proof of work in Hugo may assist (Okla. Const. Art. 2, §9).
14. Is there a public defender in Choctaw County?
Yes. When money is tight in Hugo, the judge for Choctaw County can appoint an attorney. The Oklahoma Indigent Defense System hires contract lawyers for Choctaw County. Ask near Soper at the first hearing date.
15. Where does a Choctaw County teen go after arrest?
Teens for Choctaw County start in juvenile detention, not the Choctaw County Jail (10A O.S. §2-3-101). Safety or a court appearance for Choctaw County must be the reason (10A O.S. §2-3-101). One example: a teen around Boswell, 15 or older, charged with first-degree murder (10A O.S. §2-3-101). Juvenile matters are heard in the Choctaw County District Court. Adult jail across Choctaw County is used only in rare cases (10A O.S. §2-3-101). Secure detention in Hugo lasts up to 15 days (10A O.S. §2-3-101). Teens in Choctaw County are held only when needed (10A O.S. §2-3-101). After a hearing, a judge in Hugo may extend it (10A O.S. §2-3-101).
16. Can a Choctaw County bondsman post a federal bond?
Choctaw County falls in the U.S. District Court for the Eastern District of Oklahoma (28 U.S.C. §116). Court meets in Ada, Ardmore, Durant, Hugo, Muskogee, Okmulgee, Poteau, and South McAlester. The clerk's office 101 N. 5th St., Room 208, Muskogee, 918-684-7920. A U.S. Magistrate judge decides release (18 U.S.C. §3142). A state bond around Soper doesn't cover a federal case.
17. A tribal citizen was arrested in Choctaw County. What now?
Part or all of Choctaw County lies within the Choctaw Nation reservation. Courts recognized this after McGirt v. Oklahoma (2020) and Court of Criminal Appeals rulings in 2021.
Inside reservation lines, a tribal citizen in Choctaw County faces tribal court (McGirt v. Oklahoma, 2020). Non-Indian defendants across Choctaw County still face state court (Oklahoma v. Castro-Huerta, 2022). A state bond at the Choctaw County Jail won't cover those cases (McGirt v. Oklahoma, 2020). Major crimes around Boswell go to federal court (McGirt v. Oklahoma, 2020).
Choctaw Nation District Court: Choctaw Nation Judicial Center, 2250 Chukka Hina, Durant, 580-920-7027.
18. Which court will hear a case from Hugo?
State charges from Choctaw County go in the Hugo courthouse. For Choctaw County, associate district judges and special judges do too. A judge in Hugo then holds a preliminary hearing. District judges in Soper hear these matters. Felonies for Choctaw County start with an initial appearance. The District 17 District Attorney prosecutes these cases.
19. Do city offenses in Hugo use the same bail rules?
City ordinance cases in Hugo are heard in municipal court (11 O.S. §27-101 et seq.). Those matters skip the Hugo courthouse. Each city near Hugo sets its own bond (11 O.S. §27-101 et seq.). Ask the city court clerk in Hugo about bonds. A state charge in Hugo still goes to the Choctaw County District Court.
20. Who can confirm a Choctaw County bond amount?
Phone the Choctaw County Jail at 580-326-2130. Hugo staff need the birth date. The Hugo court clerk's office may likewise help on weekdays.
Choctaw County bail contacts
- Jail
- Choctaw County Jail, 305 East Jefferson, Hugo, OK 74743; 580-326-2130
- Sheriff's Office
- 305 E Jefferson St Hugo, OK 74743; 580-326-2000
- Court clerk
- 300 E. Duke Street, Hugo, OK 74743
- Districts
- Judicial District 17; District Attorney District 17
- Public defense
- Oklahoma Indigent Defense System (contract counsel)
- Federal court
- Eastern District of Oklahoma; 101 N. 5th St., Room 208, Muskogee; 918-684-7920
- Tribal court
- Choctaw Nation District Court, Choctaw Nation Judicial Center, 2250 Chukka Hina, Durant; 580-920-7027
- Inmate search
- Choctaw County Inmate Search
Judges set release terms case by case. Nothing here is legal advice.
Choctaw County Jail
Address:
305 East Jefferson
Hugo, OK 74743
Phone:
580-326-2130
Frequently Asked Questions about Bail and Bonds in Choctaw County
Does Choctaw County have bail?
What kind of bonds are accepted in Choctaw County?
Who can set bail in Choctaw County?
When is bail set in Choctaw County Oklahoma?
Does Choctaw County have bail?
Yes, Choctaw County recognizes most types of bonds.
What kind of bonds are accepted in Choctaw County?
Bail bonds are available in several different forms in Choctaw County including personal recognizance, cash bond, property bond and surety bond.
Who can set bail in Choctaw County?
For most non-violent, less serious offenses, Oklahoma uses a bail schedule, also known as jail bail. For more serious offenses, bail is set by a judge.
When is bail set in Choctaw County Oklahoma?
If the offense charges are listed on the bail schedule the defendant and officers will be provided this information during processing at the jail and bail will be set.
More serious offense requires a hearing in front of a judge. This hearing is usually scheduled within 48 hours of arrest, not including weekends and holidays.
What is Bail?
Bail is what the arrested in Choctaw County must pay or do to stay out of jail until the first court appearance.
The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program.
Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane.
If a judge in Choctaw County feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the Choctaw County Jail until the case is resolved or goes to trial.
Bail can be denied if the defendant did not comply with bail conditions from a previous arrest. Bail is usually denied in cases of violent offenses.
What is the difference between Bail and Bond?
Bail and bond are used interchangeably to mean the same thing but technically, they are different. The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions. Think of a bond as a loan to pay for the bail.
The bond payment is always written to the court in your municipality, Choctaw County or district directly and does not go through the defendant. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
The thought of being in jail can cause the arrested to panic and try to secure a bond immediately.
DO NOT panic and take the time to understand all the options.
More courts are now trying to work with defendants to make bail work and might provide non-monetary options or even reduce the bail.
Payments to a bond company are not refundable. It is a long process to get back property title or money that was given to the clerk of court or bondsperson to secure the bond. This could put your loved ones into a difficult financial situation.
Another reason not to unnecessarily rush into securing a bond is that if the court notes that you came up with the money to pay a bond company, they may assume you have resources to pay a defense attorney and decline public defense.
On the other hand, as anyone who has ever been involved in their criminal defense understands, fighting your case while ‘out on the streets’ gives you a much better chance of either winning, or getting a more favorable sentence.
What are the different types of bonds in Choctaw County?
Based on a review of information from the arrest, the judge or bail officer will determine and notify the accused of which types of bonds are available to them.
To describe the types of bonds, let’s use an example of buying your neighbor’s car. Your neighbor decides the price of the car and how they would be paid.
Similarly, the court (meaning a police or bail officer, clerk of court, bail magistrate or judge) determines the bail amount and how it would be paid.
Here are different options that the seller of the car or the court might consider:
You could pay full asking price for the car in cash. This is similar to paying cash bail. The full amount of bail would be paid to the town or county clerk or at the jail. Cash, cashier’s checks and credit cards are usually accepted.
You could sign an agreement on your own or with another person to pay for the car at a future date knowing that your neighbor would know where to find you if you stopped payment. This would be similar to a cash bond or a personal recognizance (PR) bond which are bonds to where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible for making sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up.
Surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
You can put a deposit down for your neighbor’s car and sign an agreement that the car will be paid off at a later date. Cash percentage in lieu of bonds is when the defendant pays a percentage of the bail amount, usually 10%, to the court which then holds the money until the case is over.
The amount is returned to the person who paid the 10% after the case is over. In most cases, the full amount is not returned if there are court fees or fines due. This is a type of surety bond if another person signs the bond paperwork.
You could sign an agreement that if the car were not paid off, that your neighbor would get your house or something of value.
A property bond is a bond that the courts might consider in which the bond is pledged in land or home real estate (mobile homes are not accepted).
Usually, the property must be in the same state as the courts, and it must be worth at least 1 ½ - 2 times the amount of the bond.
There are multiple court fees involved to execute a property bond with the courts and a tedious process to get the property deed back. This is another type of surety bond if another person or a bond company is used to secure the bond.
You could also go to a local bank and take out a car loan offering property or anything of value for collateral. You may get someone to co-sign on the loan and offer their property. The bank charges fees, interest and could keep your property if you did not pay the loan back, or even on time.
A professional bondsperson makes money, at least 10% of the bond amount by providing you with a “loan” called a bond. The percent that they charge is fixed by the state and cannot be negotiated. The defendant or surety does not get that 10% or more back even if the terms of the bail are met.
With a property bond, the property deed would need to be signed over to the bondsperson and everyone on the deed would need to be involved.
Since the bondsperson signed off, to be responsible that you show to court as your surety, they can send a bounty hunter to bring you to court if you flee. A bondsperson does not have to give you a bond if the defendant seems to be too much of a risk.
Ask the bondsperson to explain all the costs: percentage, fees or court fees. There is never a reason to rush through signing the paperwork with a bond company. Make sure that everything told to you is in writing and that you understand what you are signing. Ask questions, and if you feel rushed or don’t understand the contract with the bond company, you might want to call another one.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsperson will not call asking for money without involvement of the arrested.)
Does Choctaw County have bail?
Yes, Choctaw County recognizes most types of bonds.
What kind of bonds are accepted in Choctaw County?
Bail bonds are available in several different forms in Choctaw County including personal recognizance, cash bond, property bond and surety bond.
Who can set bail in Choctaw County?
For most non-violent, less serious offenses, Oklahoma uses a bail schedule, also known as jail bail. For more serious offense bail is set by a judge.
When is bail set in Oklahoma?
If the offense charges are listed on the bail schedule the defendant and officers will be provided this information during processing at the jail and bail will be set.
More serious offense requires a hearing in front of a judge. This hearing is usually scheduled within 48 hours of arrest, not including weekends and holidays.
Can I get the bail or bond reduced in Choctaw County Oklahoma?
Yes, your lawyer can file a motion to reduce or modify bail.
In Choctaw County Oklahoma, who can pay bail for me?
The person posting bail should be a relative or close friend, called a surety, because they are promising and taking responsibility that you will return to court to get their money back.
A surety is not responsible for court fees or paying off personal debts for the defendant. A professional bondsperson who is approved by the State of Oklahoma could be the surety and execute a bond to the court on your behalf.
Can bail be paid online in Choctaw County Oklahoma?
Yes, Oklahoma counties do offer online bail payment in most cases. Please contact the jail for specific information on how to pay bail: Go to the Choctaw County Jail for more information about the jails in Choctaw County.
What options are there to pay bail in Choctaw County Oklahoma?
Most all jail and courts accept cash, a cashier or bankers’ check. Some accept a credit card with fees. Please contact the jail for specific information on what methods of payment are accepted: Go to the Choctaw County Jail for more information about posting bail in Choctaw County.
Will I get all my bond money back in Oklahoma?
Bail money is returned to the person who paid the bail; in whole or in part once the case is finished. There may be fees, restitution (money to pay for damage caused by the crime) or fines that come out of that amount. If you used a bondsperson, you would not get your 10% back. Property is returned by the court or bondsperson after the appropriate requests and formal paperwork are completed with the court.
Can I get bail or a bond with no money down in Choctaw County?
The judge or officer who sets bail determines which kind of bail will be an option for you, but a cash bond and PR bonds usually do not require cash down, though you might have to pay court fees.
A cash bond or a personal recognizance (PR) bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible to make sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up. A surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
What are the least expensive and affordable bail bonds in Oklahoma?
The Choctaw County Jail or court in this jurisdiction can provide you with a list of approved and licensed bond companies, but they cannot recommend a specific company. You are not obligated to use the first company available and can call several companies to compare what kind of bonds that the bondsperson is willing to execute.
The percentage of bail that the bond company can charge is set, usually at 10%, by the state and cannot be negotiated.