How Long Can You Be Out on Bail in Ohio?

How Long Can You Be Out on Bail in Ohio?

How Long Can You Be Out on Bail?

When you post bail after being arrested for a crime, you will be released from police custody for the duration of your case. Thus, the amount of time you can be out on bail depends on how long your trial lasts.

Whether it takes a few weeks or a few months for your case to resolve, being out of jail for that period has many benefits. Yet, with bail amounts ranging from thousands of dollars to tens of thousands of dollars or more, pre-trial release might not be accessible to you if you or your friends or family members do not have the funds on hand to pay.

At Andy Callif Bail Bonds, we provide bail bonds services in Columbus and the surrounding areas to help secure release from jail. Contact us at (614) 945-4334 for assistance.

How Long Will It Take to Resolve My Criminal Case?

Under the Sixth Amendment to the U.S. Constitution, you have the right to a speedy trial. This protection means that your case should not be unnecessarily delayed. Everything must follow specific procedures to facilitate efficiency.

That said, the protection does not provide a specific time frame for criminal cases to resolve. How long your trial might last will depend on the facts of your case. For instance, your attorney may be involved in lengthy negotiations with the prosecutor to seek a favorable result. Or a motion for continuance might be filed to request court dates be rescheduled to address and remedy some issue.

Although no set rule exists on how long a criminal case can last, Ohio law provides specific periods for when you may be brought to trial.

Under O.R.C. § 2945.71, the times for trial are as follows:

  • Minor misdemeanors:
    • Within 30 days of arrest or summons
  • Any misdemeanor other than a minor misdemeanor:
    • Within 45 days of arrest or summons for third- or fourth-degree misdemeanors or misdemeanors with a maximum penalty not exceeding 60 days
    • Within 90 days of arrest or summons for first- or second-degree misdemeanors or misdemeanors with a maximum penalty of more than 60 days
  • Felonies:
    • Within 270 days of arrest or summons

If the matter involved a combination of degrees (for example, being charged with a first- and second-degree misdemeanor) or levels (for example, being charged with a misdemeanor and a felony), the trial must be commenced within the time allowed for the most severe charge.

Depending on whether you have been charged with a misdemeanor or a felony, it can take anywhere from a month or nearly a year for your trial to begin. That means you may be out on bail for quite a while.

Can I Be Returned to Jail Before My Case Is Over?

Being out on bail does not mean that you have unrestricted freedom. Pre-trial release comes with various conditions a judge determines based on several factors, such as the crime's severity or your criminal history.

Conditions of bail can include:

  • Travel restrictions
  • House arrest
  • Electronic monitoring
  • No contact with the alleged victim or witnesses
  • Completion of a drug or alcohol assessment

The primary condition of bail is appearing for all scheduled court hearings. Paying to get out of jail is not a penalty imposed upon you because you have been arrested for an alleged offense. In fact, bail cannot be used as punishment – merely to keep someone behind bars while their case is pending. Rather, posting bail serves as a surety that you will return to court when required. After your trial, your money will be returned to you (or you won't owe the bail bonds company the balance of your bail amount) if you make all appearances, meaning bail essentially serves as an incentive.

If you violate a condition of bail or don't show up for court, your bail may be revoked. Therefore, you will be returned to jail and must remain behind bars while your case is still pending.

Additionally, your bail amount will be forfeited. This means that whatever you paid out of pocket will not be returned. Or, if you retained the services of a bail bonds company, you must pay them the remainder of your bail amount.

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Not having to wait in jail while your case is pending has many benefits. First, it protects the legal principle of the presumption of innocence. Although you might have been accused of a crime, that does not mean you are guilty of it. Guilt may only be determined after a judge or jury has weighed the evidence against you and decided that you committed the alleged offense. Thus, being out on bail means you won't have to suffer "penalties" even though you are considered innocent.

Pre-trial release also better enables you to prepare your defense. You will have greater access to material and information that may help counter the arguments against you.

To take advantage of these and other benefits of pre-trial release, reach out to Andy Callif Bail Bonds for assistance bailing out of jail. Since 1960, we have been helping people through the bail bonds process and are well-equipped to serve you.

Call (614) 945-4334 or submit an online contact form today.

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