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The Right to Bail and the Bail Hearing

"The right lawyer can be the difference in being released or staying in jail." Call my direct line now (740) 771-8044. 

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HISTORY OF BAIL:

The Ohio Constitution provides that ALL offenses have the right to bail but there is a traditional exception for capital cases and preventative detention. 

 

The right to bail is an important right that is grounded in the 8th Amendment of the United States Constitution. While there is not an affirmative right to bail, the 8th Amendment does prohibit excessive bail. 

Under the Bail Reform Act of 1984, A federal Court may detail an arrestee pending trial is the prosecution demonstrates by clear and convincing evidence, after the adversary hearing, that no release conditions will reasonably assure… the safety of any other person and the community.”

 


DO I NEED A LAWYER AT MY BAIL HEARING? 

At the bail hearing, statements made by the defendant are inadmissible by the state at trial. However, the state is permitted to use such statements to impeach, which means if there is an inconsistency in what is said at the bail hearing and trial, the state is allowed to introduce the statement.

 

WHAT IS THE PURPOSE OF BAIL? 

Protecting the accused’s right to freedom before conviction

  1. preventing the infliction of punishment before conviction and

  2. Permitting the unimpeded preparation of a defense. 


WHEN CAN BAIL BE DENIED?

Bail may be denied if the prosecution establishes that: 

  1. The proof is evident, or the presumption is great that the accused committed the charged offense. 

  2. The accused poses a substantial risk of serious physical harm to a person or the community AND

  3. No release conditions will reasonably assure the safety of that person or the community. 


The court must find by clear and convincing evidence that the three conditions exist. 

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WHAT DOES THE COURT LOOK AT WHEN SETTING BAIL?

Crim. R. 46(C) specifies the factors that the court must consider in determining the types, amounts and conditions of bail. 

  1. The nature and circumstances of the offense charged

  2. The weight of the evidence against the accused

  3. Th confirmation of the D’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, 

  5. Record of appearances at court proceedings or of flight to avoid prosecution and

  6. Whether the Defendant is on probation, parole, post release control or bail. 

Additionally, Ohio Revised Code 2937.23(B) requires the court to determine whether a mental evaluation should be ordered before setting bail in stalking and protection order violation cases. 

 

 

 

 

 

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WHEN CAN I BAIL OUT? 

Bail is generally addressed at arraignment or by motion shortly thereafter. You need to consult with an attorney to formulate a strong argument for bail on your behalf. ​

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When a court determines whether or not to grant bail it will consider: 

  1. The nature and circumstances of the offense, including whether the offense is a crime of violence or involves alcohol or a drug of abuse. 

  2. The weight of the evidence against the accused. 

  3. The history and characteristics of the accused including: 

    1. Character

    2. Physical and mental conditions

    3. Family ties

    4. Employment

    5. Financial resources

    6. Length of residence in the community 

    7. Community ties

    8. Past conduct

    9. History relating to drug or alcohol abuse and 

    10. Criminal history AND

    11. Whether the accused was on probation, parole, (PRC) post release control, or other release pending trial, sentencing, appeal, or completion of a sentence for any offense. 

  4. The nature and seriousness of the danger that would be posed by the accused’s release.

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TYPES OF PRETRIAL RELEASE: 

  • Personal recognizance (O.R. Bond): ​This is just an unsecured promise to appear back in court when required. ​

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  • Unsecured Bond: This is also an unsecured promise to appear back in court when required, but also with a promise to forfeit the face amount of the bond. 

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  • 10% Bond: This requires the defendant to deposit 10% of the face value of the amount with the clerk of court. 

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  • ​Bail Bond: This is similar to the 10% bond in that the required amount is usually 10% of the face of the bond. 

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  • Property Bond: This is a lien on real property (real estate). The value must be double the face amount of the bond. 

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  • Cash and Sureties: The defendant can post the face value of the bond in cash and sureties. 

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Speak with an attorney now about bailing out of jail

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