(A) Bail is security for the appearance of an accused to appear and answer to a specific criminal or quasi-criminal charge in any court or before any magistrate at a specific time or at any time to which a case may be continued, and not depart without leave. It may take any of the following forms:
(1) The deposit of cash by the accused or by some other person for the accused;
(2) The deposit by the accused or by some other person for the accused in form of bonds of the United States, this state, or any political subdivision thereof in a face amount equal to the sum set by the court or magistrate. In case of bonds not negotiable by delivery such bonds shall be properly endorsed for transfer.
(3) The written undertaking by one or more persons to forfeit the sum of money set by the court or magistrate, if the accused is in default for appearance, which shall be known as a recognizance.
(B) Whenever a person is charged with any offense other than a traffic offense that is not a moving violation and posts bail, the person shall pay a surcharge of twenty-five dollars. The clerk of the court shall retain the twenty-five dollars until the person is convicted, pleads guilty, forfeits bail, is found not guilty, or has the charges dismissed. If the person is convicted, pleads guilty, or forfeits bail, the clerk shall transmit the twenty-five dollars on or before the twentieth day of the month following the month in which the person was convicted, pleaded guilty, or forfeited bail to the treasurer of state, and the treasurer of state shall deposit it into the indigent defense support fund created under section 120.08 of the Revised Code. If the person is found not guilty or the charges are dismissed, the clerk shall return the twenty-five dollars to the person.
(C) All bail shall be received by the clerk of the court, deputy clerk of court, or by the magistrate, or by a special referee appointed by the supreme court pursuant to section 2937.46 of the Revised Code, and, except in cases of recognizances, receipt shall be given therefor.
(D) As used in this section, "moving violation" has the same meaning as in section 2743.70 of the Revised Code.
Notes of Decisions
Cited in 43
cases (19 in the last 5 years), 1983–2026 · leading case: State v. Dye, 2018-Ohio-4551, 122 N.E.3d 678.
State v. Dye, 2018-Ohio-4551, 122 N.E.3d 678. · cites it 8ד2d 1066 (1991); R.C. §2937.22(A). {¶25} Recognizance is a “written undertaking by one or more persons to forfeit the sum of money set by the court or magistrate, if the accused is in default for appearance.”
Smith v. Leis, 2005 Ohio 5125 (Ohio 2005). · cites it 3ד{¶ 27} The General Assembly, for its part, enacted R.C. 2937.22, which explains that bail “may take any of the following forms: {¶ 28} “(A) The deposit of cash by the accused or by some other person for him; (¶ 29} “(B) The deposit by the accused or by some other person for him…”
State ex rel. Sylvester v. Neal (Slip Opinion), 2014-Ohio-2926, 140 Ohio St. 3d 47. · cites it 6ד{¶ 21} The General Assembly also enacted R.C. 2937.22, which explains that bail may take any of the following forms: 7 SUPREME COURT OF OHIO (1) The deposit of cash by the accused or by some other person for the accused; (2) The deposit by the accused or by some other person for…”
DuBose v. McGuffey (Slip Opinion), 2022-Ohio-8, 195 N.E.3d 951. · cites it 2ד” R.C. 2937.22(A). All persons are “bailable by sufficient sureties, except for a person who is charged with a capital 4 January Term, 2022 offense where the proof is evident or the presumption great, and except for a person who is charged with a felony where the proof is…”
State v. Guzman, 2020-Ohio-539, 152 N.E.3d 412. · cites it 3דThat statute provides, in relevant part: (A) Bail of any type that is deposited under sections 2937.22 to 2937.45 of the Revised Code or Criminal Rule 46 by a person other than the accused shall be discharged and released, and sureties on recognizances shall be released, in any…”
Mohamed v. Eckelberry (Slip Opinion), 2020-Ohio-4585, 166 N.E.3d 1132. “” R.C. 2937.22(A). That bail is generally available to allow an accused person to be released before trial is fundamental to the American system of justice.”
State v. Ohayon, 467 N.E.2d 908 (Ohio Ct. App. 8th Dist. 1983). · cites it 2ד” The issues 1 raised hereunder are *163 related in law and fact and will be discussed together.”
State v. Hughes, 501 N.E.2d 622 (Ohio 1986). “40(A), which provides as follows: “Bail of any type that is deposited under sections 2937.22 to 2937.45 of the Revised Code or Criminal Rule 46 by a person other than the accused shall be discharged and released, and sureties on recognizances shall be released, in any of the…”
State ex rel. Garcia v. Baldwin, 2023-Ohio-1636, 226 N.E.3d 911. · cites it 2ד40, which states: (A) Bail of any type that is deposited under sections 2937.22 to 2937.45 of the Revised Code or Criminal Rule 46 by a person other than the accused shall be discharged and released, and sureties on recognizances shall be released in any of the following ways:…”
State v. Berry, 2014-Ohio-2715. “" R.C. 2937.22(A)(3). One form of a recognizance is a surety bond.”
State v. Fluhart, 2021-Ohio-3560. “46 or R.C. 2937.22 et seq. 2. Appellant's husband, Lyle Fluhart, was sentenced to 510 days in jail following his no contest pleas to four counts of cruelty to companion animals and two counts of cruelty to animals.”
State ex rel. Fisher v. Burkhardt, 610 N.E.2d 999 (Ohio 1993). “70(B) provides: “Whenever a person is charged with any offense other than a traffic offense that is not a moving violation and posts bail pursuant to sections 2937.22 to 2937.46 of the Revised Code, Criminal Rule 46, or Traffic Rule 4, the court shall add to the amount of the…”
State v. Dye, 2018-Ohio-4551, 122 N.E.3d 678. “2d 1066 (1991); R.C. §2937.22(A). {¶25} Recognizance is a “written undertaking by one or more persons to forfeit the sum of money set by the court or magistrate, if the accused is in default for appearance.”
DuBose v. McGuffey (Slip Opinion), 2022-Ohio-8, 195 N.E.3d 951. “” R.C. 2937.22(A). All persons are “bailable by sufficient sureties, except for a person who is charged with a capital 4 January Term, 2022 offense where the proof is evident or the presumption great, and except for a person who is charged with a felony where the proof is…”
State ex rel. Sylvester v. Neal (Slip Opinion), 2014-Ohio-2926, 140 Ohio St. 3d 47. “{¶ 21} The General Assembly also enacted R.C. 2937.22, which explains that bail may take any of the following forms: 7 SUPREME COURT OF OHIO (1) The deposit of cash by the accused or by some other person for the accused; (2) The deposit by the accused or by some other person for…”
Smith v. Leis, 2005 Ohio 5125 (Ohio 2005). “{¶ 27} The General Assembly, for its part, enacted R.C. 2937.22, which explains that bail “may take any of the following forms: {¶ 28} “(A) The deposit of cash by the accused or by some other person for him; (¶ 29} “(B) The deposit by the accused or by some other person for him…”
Mohamed v. Eckelberry (Slip Opinion), 2020-Ohio-4585, 166 N.E.3d 1132. “” R.C. 2937.22(A). That bail is generally available to allow an accused person to be released before trial is fundamental to the American system of justice.”
Ohio Rev. Code § 2937.22(A)(3): 9 cases
State v. Dye, 2018-Ohio-4551, 122 N.E.3d 678. “2d 1066 (1991); R.C. §2937.22(A). {¶25} Recognizance is a “written undertaking by one or more persons to forfeit the sum of money set by the court or magistrate, if the accused is in default for appearance.”
State v. Berry, 2014-Ohio-2715. “" R.C. 2937.22(A)(3). One form of a recognizance is a surety bond.”
State v. Guzman, 2020-Ohio-539, 152 N.E.3d 412. “That statute provides, in relevant part: (A) Bail of any type that is deposited under sections 2937.22 to 2937.45 of the Revised Code or Criminal Rule 46 by a person other than the accused shall be discharged and released, and sureties on recognizances shall be released, in any…”
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