Stuck in Jail

  • Attorneys
  • Bail Bonds
Home > Posting Bail in Cleveland, Ohio: 4 Things to Know

Posting Bail in Cleveland, Ohio: 4 Things to Know

While Ohio has a thriving private bail bond industry, the state’s Department of Insurance does not issue licenses to bounty hunters. Instead, the state issues licenses for bail bond runners. These individuals help the bondsman in court when necessary and also with the apprehension and surrender of a defendant to court. If you are arrested in Cleveland, here are 4 things you should know.

Bail process in Cleveland

A defendant arrested for a misdemeanor or felony in Clevland is often bought to the Cuyahoga County Jail, though other jail facilities are used as well. At that point, the defendant is processed and booked. That includes giving a psychological and medical history, fingerprints and photos. At that point, the defendant has an inmate number and will be allowed to call a family, friend or bail bondsman. Bond is often set quickly, with the help of a schedule, but more serious crimes require a bond hearing. Once the bond has been determined – and for some serious crimes bond may not be available – a defendant can post bond himself or bring in the help of a co-signer.

Types of jail release in Cleveland

  •      OR Bond. A defendant with an Own Recognizance bond is required to sign a contract promising to appear in court for all hearings connected to his or her case. However, no bail is required. OR bonds generally are only available to first-time defendants arrested for non-violent crimes. Anyone who has committed a crime of violence or a crime involving a child or the elderly will normally not be given an OR bond, even if the crime was a misdemeanor.

  •   Unsecured appearance bond. With both OR bonds and unsecured appearance bonds, the defendant is not required to pay any money before being released from jail. The main difference between the two is that a bail amount is set with an unsecured appearance bond. A defendant who skips bail must then pay then amount, along with other penalties.

  •  Standard bond. Under this bail release option, the defendant is allowed to pay 10 percent of the bail amount in cash to be released from jail. When the case is over, the defendant gets 90 percent of the standard bond returned. If, however, the defendant is found not guilty, or charges are dropped, the full standard bond is returned.

  •  Surety bond. A surety bond is a contract between the defendant, and a co-signer if one is involved, as well as the court and the bail bond company. State lawmakers set the bond premium at 10 percent in Cleveland and throughout the state. The bail bond company will guarantee payment of the entire bond to the court after receiving the premium. If a defendant doesn’t show up for all scheduled court hearings, he and any co-signer is then legally liable for the full amount of the bond. If the defendant shows up for all court hearings, the 10 percent payment is the cost of doing business and is not returned.

  •   Property bond. Property bonds are often used for more serious cases in which the bond amount is fairly high. The defendant, or a co-signer or both, can put up real estate or other property as collateral. Paperwork is required to establish ownership and sufficient equity in the property. Under Ohio law, the equity must be at least 150 percent of the total bond amount. This type of bond can often take several days or longer to complete.


Requirements for co-signers

These can vary slightly from company to company, but in general, a co-signer must establish the financial ability to pay the bond premium. A bond application must be filled out, but can usually be complete by phone, email or fax. In some cases, the bail bondsman will require collateral from a co-signer. If a defendant does not show up for all court hearings, the co-signer is legally liable for the entire amount of the bond and the bail bondsman can take the collateral to fulfill that obligation.

Bond costs and options

Cleveland judges have a schedule that spells out the standard bond schedule for all misdemeanors. The misdemeanor bonds range from $750 for fourth degree crimes to $3,000 for first offense domestic violence. Defendants can either pay 10 percent in cash to the court or pay a 10 percent premium to a bail bondsman. In all cases, defendants must also pay a $25 state surcharge. The state’s bond schedule does not include any specific charges for felonies. Those are set by the judge, a decision that a look at the specific crime as well as the defendant's connection to the community and previous criminal record.

 

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

Helpful Articles

How to Post Bail in Ohio: 5 Things to Know

Ohio strongly regulates the bail bond industry in the state, from licensing to standards of conduct. For example, even the way that agents solicit business is the subject of a series of regulations...more

Posting Bail in Cleveland, Ohio: 4 Things to Know

While Ohio has a thriving private bail bond industry, the state’s Department of Insurance does not issue licenses to bounty hunters. Instead, the state issues licenses for bail bond runners. These...more

Stuck in Jail?

Search Jails for nearby Bail Bondsmen NOW!

  • Copyright ©2023 Thryv, Inc. All rights reserved. · Terms of Use · Privacy Policy · Sitemap