What Are the Types of Bail in Ohio?

What Are the Types of Bail in Ohio?

In a criminal matter, bail serves as an assurance to the court that the defendant will appear for all scheduled hearings concerning their case after they are released from jail following their arrest. In Ohio, judges may order different types of bail depending on the situation, including release on own recognizance (OR), cash bond, appearance bond, or surety bond.

Except for cases where OR is granted, the defendant secures their release from police custody by paying money to the court. The amount they are required to pay depends on the facts of the case. In some matters, the bail amount is determined by a schedule and may be posted at any time. In others (such as in violent misdemeanor or felony cases), the judge typically sets the bail amount at the defendant’s first appearance, which happens within 24 to 48 hours after the arrest.

Let’s explore the different types of bail in Ohio and what is required of the defendant to seek release from jail after an arrest.

Release on Own Recognizance

One way a person can be released from police custody is on their own recognizance. Essentially, this means that the defendant does not put up any money to get out of police custody. Instead, they sign a promise stating that they will show up in court when required.

OR release is usually reserved for individuals without prior criminal histories who committed minor offenses, such as non-violent misdemeanors.

If the defendant fails to appear in court after OR release, they may be charged with a criminal offense on top of the primary crime they were accused of.

If convicted of failing to appear, the defendant may face the following penalties:

  • $1,000 fine and
  • 6 months in jail

Note that the penalties listed above may be imposed regardless of whether the defendant was found not guilty of the underlying offense.

Appearance Bond or 10% Bond

If the defendant is granted release on an appearance bond, they would only have to pay 10% of their bail amount. For instance, if the judge orders bail to be set at $5,000, the defendant would put a $500 deposit for release from jail. Generally, the defendant pays this amount from their own pocket and does not go through a bail bond company.

If the defendant shows up for all court appearances, 90% of their 10% deposit is returned to them after their case concludes. Thus, if they paid $500, they would get $450 back. The court keeps the remaining funds for administrative costs.

Cash Bond

With a cash bond, the defendant pays 100% of their bail amount for release from jail. They can pay the court by cash, check, credit card, or debit card. Typically, cash bonds are paid when the bail amount is low (mostly in non-violent misdemeanor cases).

After the case, the court returns almost the entire bail amount to the defendant. The remaining is retained for court costs and administrative fees.

Surety Bond

In matters where the defendant cannot afford to pay the bail amount, they can turn to a bail agent for help with a surety bond. For a 10% non-refundable premium, the bail bondsman provides a promise to the court that the defendant will go to all required hearings. If they do not, the agency will pay the court the full bail amount.

Although the bail bonds company assures the court that the defendant will appear when scheduled and will cover the full cost of bail if they don’t, the bail bonds agent will recover the remaining 90% from the defendant. Let’s give an example to illustrate this concept. Suppose the defendant’s bail is set at $5,000. They pay the bail bonds company $500 for their services. If the defendant appears in court as required, they do not owe the agency any more money. However, if they miss a court date, they must pay the company the rest of the bail amount – $4,500.

What Happens After Release on Bail?

Regardless of the type of bail a defendant is released on, the court will order that they adhere to certain conditions. For instance, they may not be allowed to contact the alleged victim or may be required to complete an appropriate treatment program.

If the defendant does not comply with the court’s orders, bail may be revoked. This means that a warrant may be put out for the individual’s arrest. They may be taken back to police custody for the duration of their case.

Also, all types of bail in Ohio have a $25 surcharge. If the defendant is found or pleads guilty to the offense, the state retains the $25. However, if they are found not guilty, the court returns the $25 to the defendant.

As alluded to earlier, after release on bail, the defendant must show up for all scheduled court appearances. If they do, the amount paid to the court (if paid out of pocket) will be returned to the person who deposited it. Or, if the defendant went through a bail bonds company, they will not need to pay any more than the 10% premium given for the agency’s services.

However, if the defendant does not show up, bail will be forfeited. That means the court will keep the money the defendant paid. If the defendant only paid a portion of the bail amount (whether they were granted an appearance bond or went through a bail bonds company), they must put up the remaining balance.

Contact an Experienced Bail Bonds Company

Going through the bail bonds process in Columbus or the surrounding areas can be confusing and overwhelming. At Andy Callif Bail Bonds, we are here to help you every step of the way and ensure you understand what’s required of you – whether you are the defendant in a criminal case or a friend or family member helping out a loved one.

For the guidance you need, please contact us at (614) 945-4334 today.

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