Upon the failure of the accused or witness to appear in accordance with its terms the bail may in open court be adjudged forfeit, in whole or in part by the court or magistrate before whom he is to appear. But such court or magistrate may, in its discretion, continue the cause to a later date certain, giving notice of such date to him and the bail depositor or sureties, and adjudge the bail forfeit upon failure to appear at such later date.
Notes of Decisions
Cited in 44
cases (13 in the last 5 years), 1963–2026 · leading case: State v. Dye, 2018 Ohio 4551 (Ohio Ct. App. 2018).
State v. Dye, 2018 Ohio 4551 (Ohio Ct. App. 2018). · cites it 18ד{¶28} Forfeiture of bail is governed by R.C. §2937.35, which states: Upon the failure of the accused or witness to appear in accordance with its terms the bail may in open court be adjudged forfeit, in whole or in part by the court or magistrate before whom he is to appear.”
State v. Clagg, 2019 Ohio 4527 (Ohio Ct. App. 2019). · cites it 9ד46(M), and R.C. 2937.35, as permitting a court to forfeit a defendant’s bail for a violation of a condition of bail, as opposed to a failure to appear.”
Dep't of Liquor Control v. Calvert, 961 N.E.2d 247 (Ohio Ct. App. 2011). · cites it 4דR.C. 2937.35. {¶ 13} If the bail forfeited is a recognizance such as a surety bond, the court must take additional action, outlined in R.”
State v. Patton, 573 N.E.2d 1201 (Ohio Ct. App. 1989). · cites it 3ד39 provides that remission is permitted even if cash bail has been “applied” by the clerk of the court pursuant to R.C. 2937.35 and R.C. 1901.31(F). It has been repeatedly recognized that “[t]he purpose of bail, as stated in Crim.”
Univ. Hts. v. Allen, 2019 Ohio 2908 (Ohio Ct. App. 2019). · cites it 2דFirst, there is “an adjudication of bail forfeiture under R.C. 2937.35.” Id. Secondly, there is a “bond forfeiture show cause hearing under R.”
State v. Guzman, 2020 Ohio 539 (Ohio Ct. App. 2020). · cites it 2ד3d 19, 20 (1986) and R.C. 2937.35. “A final judgment of forfeiture in the case of a recognizance surety bond has two steps: an adjudication of bail forfeiture under R.”
Youngstown v. Durrett, 2010 Ohio 1313 (Ohio Ct. App. 2010). · cites it 2דPursuant to R.C. 2937.35, "Upon the failure of the accused or witness to appear in accordance with its terms the bail may in open court be adjudged forfeit, in whole or in part by the court or magistrate before whom he is to appear.”
State v. Yount, 889 N.E.2d 162 (Ohio Ct. App. 2008). “46(1) and R.C. 2937.35. In the order, the trial court set a hearing for November 6, 2006, and ordered Yount and Craven to show cause why judgment should not be entered against them for the full amount stated in the recognizance.”
State v. Scherer, 671 N.E.2d 545 (Ohio Ct. App. 1995). “R.C. 2937.35. If the bail is in the form of a surety bond, forfeiture is governed by R.”
State v. Berry, 2014 Ohio 2715 (Ohio Ct. App. 2014). “{¶ 10} If an accused fails to appear in accordance with the terms of his release, R.C. 2937.35 gives the court discretion to either immediately declare the bail forfeit, in whole or in part, or to continue the cause to a later date.”
State v. Lott, 2014 Ohio 3404 (Ohio Ct. App. 2014). “2d 622 (1986); see also R.C. 2937.35. {¶9} R.C. 2937.36 governs forfeiture proceedings, and provides that a surety may be exonerated if good cause “by production of the body of the accused or otherwise” is shown.”
State v. Shanklin, 2014 Ohio 5624 (Ohio Ct. App. 2014). “See also R.C. 2937.35; R.C. 2937.36. {¶26} Therefore, Shanklin’s second assignment of error is overruled.”
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