When someone is arrested in Ohio, they may be eligible for bail, which allows them to be released from jail while awaiting trial. Bail serves as a financial guarantee that ensures the defendant will appear in court as required by law.
If a defendant attends all hearings, bail money may be returned, but if they fail to appear, they will forfeit their bail, and a warrant may be issued for their arrest.
What determines the price?
After an arrest, a judge or magistrate will set the bail amount during a hearing, often called an arraignment. The amount of bail depends on several factors, including:
- The severity of the charges
- The defendant’s criminal history
- The risk of flight (likelihood of failing to appear in court)
- Public safety concerns
- Employment and community ties
Ohio law requires that bail should not be excessive but should be high enough to help ensure that a defendant returns to court. In some cases, a judge may deny bail if the defendant is considered a danger to the community or a flight risk.
It is worth repeating that if a defendant does not appear in court, the bail is forfeited, and law enforcement may issue a bench warrant for their arrest. This can lead to additional criminal charges and make future bail more difficult to obtain. Bail is not a reality to be treated lightly.
A skilled legal team can help defendants request lower bail, argue for release without bail and/or explore other options to secure pretrial freedom. This can be helpful, as understanding bail rights and obligations can make a significant difference in the outcome of a case.