A bond is a guarantee given to a court to ensure that a person will make all required court appearances.
A personal recognizance, own recognizance or signature bond is a written promise to appear in court which does not require the person to put up any money/cash.
The type of bond required in criminal cases varies depending on the type of offense charged, as well as other factors.
Generally a defendant who has not made bail will be taken before a judge within 72 hours, at which time the judge will address bail.
Conditions of Bail in Ohio Courts
A court may impose any of the following conditions of bail:
(1) Place the person in the custody of a designated person or organization agreeing to supervise the person;
(2) Place restrictions on the travel, association, or place of abode of the person during the period of release;
(3) Place the person under a house arrest, electronic monitoring, or work release program;
(4) Regulate or prohibit the person's contact with the victim;
(5) Regulate the person's contact with witnesses or others associated with the case upon proof of the likelihood that the person will threaten, harass, cause injury, or seek to intimidate those persons;
(6) Require a person who is charged with an offense that is alcohol or drug related, and who appears to need treatment, to attend treatment while on bail;
(7) Any other constitutional condition considered reasonably necessary to ensure appearance or public safety.
Factors Affecting Bail in Criminal Cases
In determining the types, amounts, and conditions of bail, a court considers all relevant information, including:
(1) The nature and circumstances of the crime charged, and specifically whether the defendant used or had access to a weapon;
(2) The weight of the evidence against the defendant;
(3) The confirmation of the defendant's identity;
(4) The defendant's family ties, employment, financial resources, character, mental condition, length of residence in the community, jurisdiction of residence, record of convictions, record of appearance at court proceedings or of flight to avoid prosecution;
(5) Whether the defendant is on probation, a community control sanction, parole, post-release control, bail, or under a court protection order.
It is the policy of most judges in domestic violence cases to restrain the defendant from having contact with any alleged victims.
Judges will sometimes set a full cash bond, and other times will set a ten per cent bond, which allows for the release of the defendant upon posting of only ten per cent of the specified bond amount. Ninety per cent of the bond is returned to the person who posted the bond once the case has concluded.
Bail bondsmen can also be hired to post a cash bond. However, the amount paid to a bail bondsman is not refundable.
Regardless of the type of bond, the amount of the bond is forfeited should the defendant fail to appear for any scheduled court appearance. Additionally, a warrant will issue and the defendant may be charged with the additional crime of failure to appear.
Bonds are held by the court until the conclusion of the case.
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