If you are ever arrested for anything more than the most minor of crimes, you will likely need to be held in jail or released on bail before your case is heard by a judge or jury. If you are successfully granted bail, you can be released from custody until that time (unless you violate the terms of your bail order. In that case, you may be headed to jail anyway).
According to Ohio law, bail serves as “security for the appearance of an accused to appear and answer to a specific criminal or quasi-criminal charge in any court or before any magistrate at a specific time or at any time to which a case may be continued, and not depart without leave.” This essentially means that if someone who is accused of wrongdoing needs to appear in court, bail helps to guarantee that they’ll meet this obligation.
The basics
The idea that grounds the bail system aims to balance two important interests: a defendant’s right to be released from custody before being proven guilty and the state’s interest in ensuring that the defendant appears in court. If the defendant fails to show up for their court dates, they forfeit the bail that they, loved ones or a bail bondsman have put up. The court may then opt to take that defendant back into custody for violating the terms of their bail order.
Ohio law honors several types of bail options depending on the nature of the offense, the defendant’s criminal history and special circumstances. Common bail opportunities include:
- Cash Bail: “The deposit of cash by the accused or by some other person for the accused.”
- Surety Bond: “The deposit by the accused or by some other person for the accused in form of bonds of the United States, this state, or any political subdivision thereof in a face amount equal to the sum set by the court or magistrate.”
- Recognizance Bond: “The written undertaking by one or more persons to forfeit the sum of money set by the court or magistrate, if the accused is in default for appearance, which shall be known as a recognizance.” Note that this option is typically reserved for defendants with minor charges, a clean criminal history and strong community ties because it does not involve an upfront payment that can be collected immediately if a defendant fails to appear.
It may also be possible to utilize property as collateral for bail in certain circumstances. If the defendant attends all required court appearances, the bail money will be returned at the end of the case, minus any court fees or fines. Questions about bail can be directed to a reputable criminal defense team at any time.