What is bail?
When people are arrested and charged with crimes, they are usually detained and put in jail. Then, early in the case, most of the defendants were granted bail. At this stage, they are presumed innocent.
Bail is an agreement between a court and a person accused of a crime that allows that person to be released from prison while awaiting court proceedings.
How does bail work in Ohio?
Bail terms are usually set by the judge at the outset of the case and can be changed by the judge later.
Sometimes judges can release people simply by agreeing to return to court and follow the rules set by the court. In other cases, they had to pay cash to get out of jail. If they attend a court hearing, they get their money back. If not, they lose the money and the court keeps it.
The bond a person gives to the court—whether it’s their promise, cash, or property—is called a bond. Bonds can be paid by the defendant or someone else on their behalf.
What types of bonds are there?
The judge decides what type of bond to set for each defendant. Sometimes they rely on interviews or assessments of the parties by court staff.
personal bond
A signed undertaking in which the defendant agrees to return to court for future hearings and abide by any rules the court sets, such as wearing a GPS ankle monitor or communicating with the court weekly. If a person fails to show up or breaks the judge’s rules, that person may be arrested and jailed, or the judge may set additional conditions or a new bond. Some personal bonds have a cash value and may also be owed if the defendant breaches the bond agreement.
These bonds are also known as “self-guaranteed” or “personally guaranteed” bonds.
cash deposit
A deposit made with the court clerk in exchange for release from prison while criminal charges are pending. If a person fails to show up or breaks rules set by the judge, they may be arrested, or the judge may set additional conditions or a new bond. Security deposits previously paid may be withheld by the court.
10% bond
A cash bond that requires payment of 10% of the total bail amount. If the bond is $10,000, $1,000 will be deposited with the court clerk.
Margin
Payment to a surety or insurance company who deposits part of the bail money with the court clerk in exchange for the person’s release. The guarantor will charge an additional guarantee fee. If the person fails to appear or breaches a condition imposed by the court, the court may order the insurance company or surety to pay the full amount. Insurance companies usually try to collect the debt.
property deposit
A person can use real estate (usually a house) as collateral to get out of prison. The court places a lien on the property, and if someone fails to appear in court or breaches a bond condition, the collateral can be seized.
What happens to the bonds after the case is over?
The main part of a criminal case ends when a person is found guilty and sentenced, found not guilty, or the court dismisses the case.
Thereafter, the clerk may release the bond to the person or company who deposited it, as long as the court does not order the bond to be revoked or forfeited.
If a person is found not guilty or the case is dismissed, the full cash bond is refundable. If the person posting the bond allows, the court may deduct administrative costs, court costs and fines related to the case.
For the 10% cash bond, the court refunds 90% of the amount paid.
The court can release the lien if a bond is posted with the property.
Does the judge have to bail?
In Ohio, judges almost always grant bail.
Ohio law lays out the process for a judge to deny bail. The judge must hold a hearing and hear evidence from prosecutors and defense attorneys.
To deny bail, a judge must find evidence that the person has committed a crime and is a danger to victims, witnesses or the wider community. They must also find that nothing, such as GPS monitoring, can reasonably guarantee the safety of witnesses, victims or the public. This is called “remand without bail”.
What should a judge consider when setting bail?
When deciding on bail, the judge must consider each case individually. They can weigh a person’s previous criminal history, the seriousness of the charges they face, and any risk to the safety of the victim or the community. The type and amount of bail should be related to the risk of the defendant not appearing in court.
The U.S. Constitution prohibits the use of excessively high bail amounts.
2022 Ohio Supreme Court Public safety should not be considered when adjudicating bail A judge should set a bail amount that is “reasonably calculated” to ensure someone appears in court.
Following that decision, Ohio lawmakers voted to create Constitutional Amendment on Statewide Voting. The amendment, passed overwhelmingly in November 2022, requires judges to consider public safety when setting bail. The amendment also strips the Ohio Supreme Court of the power to set rules on bail amounts or conditions, leaving that to state lawmakers.
What other conditions can a judge set for a prison release?
A judge can require someone to register with court or be monitored electronically. These are called “pretrial release conditions”.
During the pre-trial period, known as “court-supervised release,” court supervisors, similar to probation officers, monitor people who have been released and report whether they have met bail conditions. They can also provide referrals to community services for people facing criminal charges, including drug dependence assessments, mental health services, or stable housing assistance.
Why is Cash Bail So Controversial?
The use of cash bail has come under increasing scrutiny in Ohio and across the country. People accused of crimes are “innocent until proven guilty,” but under the current bail system, those unable to pay the cost of freedom tend to remain behind bars while their cases move through the court system.
Ohio does not collect statewide bail data.American Civil Liberties Union of Ohio Bail researched in several places including Cuyahoga Countyand found that it exacerbates racial disparities.
Ohio Justice System Officials These realities were wrestled with and recommendations were made to improve the statewide system. proposed legislation Eliminate or reduce the use of cash bail stand still.
Want to learn more about bail across the country? Read more here.
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