The amount it will cost to bail a loved one out of jail after a drug crime arrest depends on the situation. These offenses can be charged as misdemeanors or felonies. Misdemeanors are considered less serious than felonies, meaning the bail amount may be lower for some drug crimes than others. The actual bail amount may be based on a bail schedule or determined by a judge or magistrate. When a judge or magistrates sets bail at a hearing, they will consider various factors. Regardless of how it’s decided, the bail amount for a drug crime can be pricey and possibly out of your immediate financial reach.
If you need help posting bail for a loved one in Columbus or the surrounding areas, please contactAndy Callif Bail Bonds at (614) 945-4334 today.
The Levels of Drug Crime Charges
Ohio has several statutes covering acts classified as drug crimes.
The law prohibits conduct such as:
- Corrupting another with drugs
- Drug trafficking/aggravated drug trafficking
- Drug manufacturing
- Drug possession
- Possessing drug paraphernalia
Drug offenses vary in severity. Thus, they can range from minor misdemeanors to first-degree felonies. In many cases, the level of charge is based on the type and amount of drugs involved. In other cases, the specific conduct causes an offense to be a misdemeanor or felony.
A few examples of the level of drug crimes include:
- Possession of less than 5 times the bulk amount of a schedule I or II drug:
- Third-degree felony
- Corrupting another with a Schedule III, IV, or V drug:
- Second-degree felony
- Trafficking less than 5 grams of cocaine:
- Fifth-degree felony
- Cultivating less than 100 grams of marijuana:
- Fourth-degree misdemeanor
- Dealing drug paraphernalia:
- Second-degree misdemeanor
Understanding the possible levels of drug crimes is important because it is one of the factors that may determine a loved one’s bail amount.
Bail Amounts for Misdemeanors and Felonies
The bail amounts for misdemeanors and felonies can differ. Felonies are more serious crimes. Thus, the cost of bail for them is typically higher than for misdemeanors.
Because drug crimes can be misdemeanors or felonies, the bail amount can be determined by a schedule, judge, or magistrate. How it is decided depends on the situation, including how serious the crime was and the likelihood of the defendant fleeing.
Bail Schedules
Bail schedules list a preset amount a person must pay to get out of jail following an arrest. Generally, they cover only misdemeanor offenses.
The actual cost of bail for a drug crime based on a schedule will vary.
A couple of factors could affect the amount, including:
- The degree of charge: Misdemeanors can be charged as first-, second-, third-, or fourth-degree or as minor misdemeanors.
- The jurisdiction of the offense: Different counties may have different amounts listed on their bail schedules.
The bail amount for a misdemeanor drug crime may also be decided by a judge or magistrate if law enforcement officials or the prosecutor believes the price is insufficient because of the defendant’s circumstances (e.g., they are likely to flee). Likewise, a judge or magistrate may determine the cost if the drug crime is a felony.
Factors Considered When Bail Is Decided by a Judge or Magistrate
If drug crime bail is not determined by a schedule, the case will go to a hearing, where a judge or magistrate will listen to the facts and make an order.
When determining bail, judges and magistrates may impose the least restrictive measures to ensure that the defendant appears in court, the community is not at risk, and the defendant does not obstruct the criminal justice process.
The factors the judge or magistrate will look at when deciding the bail amount include:
- The risk that the defendant won’t appear for scheduled hearings
- The nature and severity of the crime
- The defendant’s criminal history and whether they were on bail, parole, probation, or other control conditions at the time of the offense
- The weight of the evidence against the defendant
- The defendant’s
- Family ties
- Employment
- Financial resources
- Character
- Length of residence in the community
Because so many variables can affect the bail amount for a drug crime, it is difficult to assign an exact dollar value to the offenses.
Contact Andy Callif Bail Bonds
Bail amounts for drug crimes can range from a few hundred dollars to tens of thousands. If you need assistance paying to release your loved one from police custody, reach out to our Columbus team.
Contact us at (614) 945-4334 today.