Bond Information
The Ohio Revised Code establishes three primary types of bail bonds that a court may use to guarantee that a defendant appears in court. The different types of bail bonds are:
- UNSECURED (PERSONAL RECOGNIZANCE)
- The defendant is released on his/her promise (signature) to appear for all future court dates. If the defendant fails to appear, a bench warrant will be issued and an appearance or surety bond will be required. Additionally, the defendant may be charged with a new criminal offense.
- 10% (APPEARANCE)
- The defendant, or someone acting on behalf of the defendant, posts 10% of the bond amount and the required $25.00 state fee, in cash, directly to the court. If the defendant appears for every court date, and the bond is not applied by operation of law or by agreement of the payor to any fines and costs, then ninety percent of the amount deposited is returned to the payor and ten percent is paid to the state. The $25.00 state fee may or may not be returned depending on the outcome of the case. If the defendant fails to appear for any court date, the deposit will be forfeited, a bench warrant will be issued, and a new bond will be required.
- SURETY (NOTE: THERE ARE 3 DIFFERENT TYPES OF SURETY BONDS)
- Most commonly, the defendant contracts with a bail bond agent to pay the agent a nonrefundable fee in exchange for the agent ensuring to the court that the defendant will appear for all future court dates. The agent pays the required $25.00 state fee. If the defendant fails to appear for any court date, the agent is liable to the court for the entire bond amount, a bench warrant will be issued, and a new bond will be required.
Bond is only released upon final disposition of a case.1 A defendant who posts bond may be subject to one or more conditions,2 and the court may modify those conditions while the case is pending. The defendant’s failure to abide by bond conditions established by the court may result in revocation of bond, and the defendant may be required to post an additional bond to secure his/her release from jail.
To obtain a bond refund after the final disposition of a case, the individual who posted the bond must appear in person with a valid state-issued photo identification, and a check will be issued to the payor for ninety percent of the deposit. If the bond was posted in the name of the defendant, the court may order that it be applied to any fines and costs owed by the defendant and in that instance, no refund will be issued.
1 If the case is a felony and is bound over to the Common Pleas Court, the bond money will transfer with the case rather than being returned to the payor.
2 Conditions may include, but are not limited to, no contact orders, protection orders, house arrest, alcohol or drug use monitoring, treatment assessments and compliance with treatment recommendations, reporting to a pretrial services officer, etc.
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