Anyone who has seen one of the many television shows that deal with the U.S. criminal justice system has probably heard the terms “bail” and “bond” but may have always wondered what those terms meant. If a person has been arrested and charged with a criminal offense, these terms refer to money paid by either you or a third party to guarantee your appearance at future court proceedings.
However, under Ohio law, the posting of a bail or a bond is not necessarily required by state law in order for a criminal defendant to be released pending further court proceedings. A skilled Ohio criminal defense attorney can often convince a judge at a hearing to waive the requirement to post money as bail or a third party to post money as a bond, ensuring the defendant’s appearance.
What Is the Difference Between Bail and Bond?
A person might consider the terms bail and bond to be different ways of saying the same thing, but they are actually two distinct concepts. While they both refer to money paid to ensure the appearance of a defendant at court proceedings, they are differentiated by the source of the funds paid to ensure the accused’s appearance.
Money paid by the accused him or herself is referred to as bail and money paid by a third person to guarantee the appearance of the accused at future court proceedings is referred to as a bond.
Do You Always Have to Pay Bail in Ohio?
Not necessarily. Under Ohio law, a judge can release you without requiring money upfront. Your defense attorney can argue for release on your own recognizance (ROR) or request non-financial conditions of release, such as supervised check-ins or no-contact orders.
What Happens at a Bail Hearing?
Under the Ohio Constitution, every criminal defendant has the right to a bail hearing. According to Ohio Revised Code Section 2937.222, a judge must decide whether you can be safely released while your case is pending—or whether you should be held in jail.
At the hearing, you are entitled to:
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Have your criminal defense attorney present
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Testify on your own behalf
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Present witnesses and evidence
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Cross-examine witnesses from the prosecution
The judge will consider whether conditions can be set that reasonably ensure:
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Your appearance at future court dates, and
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The safety of any person or the community
Factors Judges Consider When Setting Bail or Bond
Ohio law outlines specific factors that judges must consider when determining bail or bond eligibility, including:
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The nature and circumstances of the offense, including whether it involves violence, drugs, or alcohol
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The weight of the evidence against the accused
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The defendant’s character, physical and mental condition
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Family and community ties, including how long the defendant has lived in the area
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Employment status and financial resources
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The defendant’s past conduct and criminal history
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Whether the offense occurred while the defendant was on probation, parole, or facing other charges
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The risk of harm to others if the defendant is released
These factors help the court decide whether to require financial bail, allow a bond, or set other conditions of release.
How a Columbus Criminal Defense Attorney Can Help at Your Bail Hearing
An experienced criminal defense attorney will appear with you at any bail hearing in your case and will make arguments to the judge as to why the posting of bail or a bond is not necessary to ensure your appearance at further court proceedings.
Since a lawyer’s effective advocacy can be crucial to preventing you from scraping together money to post bail or from paying the often exorbitant expenses associated with a bail bondsman, it is very important to hire a skilled Columbus, OH criminal defense attorney to represent you if you have been charged with a crime in Columbus.
Contact Luftman, Heck & Associates to Protect Your Freedom
We are Columbus criminal defense attorneys with decades of experience and we always fight hard for our clients to be released without being required to post a bail or bond in Columbus of any kind. We understand that people have families, jobs, and other things going on besides simply the criminal case they had the misfortune of being charged with, and we will fight tooth and nail to ensure your freedom while your case is pending.
Call us today at (614) 500-3836 for a free consultation if you have been arrested or charged with a crime to discuss your legal options.
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