POSTING BAIL - Frequently Asked Questions
Bail may NOT be posted for a defendant charged with domestic violence, by a victim or any member of the victim's family.
The purpose of posting bond is to assure the people charged with offenses appear in court as scheduled. Although "bond" or "bail" is usually an amount of money, it can also be the person’s guarantee or recognizance that he/she will appear. Conditions of bond can be imposed by the judge, restricting contact with victims or witnesses, electronic monitoring (house arrest), and various other conditions by order of the court.
Bond is set one of two ways: 1) a predetermined amount based upon the court’s misdemeanor bond schedule for the offense charged, or 2) by the judge if a felony offense is charged. If the person is charged with a misdemeanor offense, a predetermined bond amount will be set and you may post bond at any time after the person has been booked into jail. In cases involving a felony offense, the arresting law enforcement agency will contact the judge to set bond (felony bond is set within 48 hours of arrest).
Bail bonds may be posted
24 hours a day. Payment can be made by
cash, certified check (made payable to Perrysburg Municipal Court), Visa,
or MasterCard. If paying by credit card, the cardholder must be present.
If the court is closed, bond may be posted at the City of Perrysburg Police Division, 330 Walnut Street, Perrysburg, Ohio; (419) 872-8001. Or at the Lake Township Police Department, 27975 Cummings Road, Millbury, Ohio; (419) 838-6651.
Recognizance Bond - Sometimes referred to as an “O R bond”, this bond only requires the person who is charged with the offense to sign bond papers that are completed by the court. No other collateral is posted. Failure to appear for all future court dates under a recognizance bond is punishable by six months in jail and/or a $1,000 fine, regardless of the outcome of the original charge.
10% Cash Bond - This type of bond requires only 10% of the full amount of the bond to be posted. For example, if a $2,000 appearance bond is set, you will need to post $200 with the court for release of the defendant. If the person charged with the offense attends all court appearances, 90% of the money posted will be returned. In the above example, you would receive a refund check for $180. If, however, the defendant misses a court appearance, you would be liable for the remainder of the bond set and the court would render a judgment against you. In this example, you would owe the court $1,800.
Cash Bond* - You must post the entire amount of the bond that has been set before the defendant may be released. If the defendant attends all court hearings, the court will return all of the money posted for bail to you. If the defendant fails to appear, you will lose the money you posted.
Surety Bond* - This bond requires the posting of a surety power from an insurance company that guarantees the full amount of the bond will be paid in the event the defendant does not appear for a scheduled court hearing. Bonding companies and bailsmen are neither agents nor employees of the court. Bonding companies can be found by looking in the yellow pages of the telephone book under “Bail”. The court cannot recommend a bonding company to you. The fee a bonding company charges is typically 10% of the bond that is set.
*Note - The judge sets bond as either cash or surety, thus giving the option of posting either.
Property Bond - This bond has many requirements pursuant to Ohio Revised Code 2937.24 and Criminal Rule 46 (A)(3) & (I):
Should the defendant fail to appear, the lien on the real estate can be foreclosed, the real estate sold, and the proceeds applied to the bail amount. This means the person posting bond could lose their house if the defendant fails to appear.
Once bond is posted, the jail is sent a release form. The physical release of the prisoner is now the responsibility of the Wood County Sheriff’s Department. Generally, release can be a lengthy process. You may call the Wood County Justice Center at (419) 354-7744.
If the person has been charged with a misdemeanor case, the case will continue to be heard in this court and the defendant will receive notice of his/her next court date.
Felony cases, however, will be scheduled for a preliminary hearing. At the preliminary hearing one of two things can happen. Either the case will be dismissed or it will be bound over to the Wood County Common Pleas Court. If the case is bound over, it continues (including bond) and new hearings will be set in common pleas court. If the case is dismissed in municipal court, everything (including bond) is treated accordingly. However, you should be aware that the grand jury could indict the defendant on the same charges and the case would begin anew in common pleas court.
Bond is held until the case has been disposed of or upon order of the judge. Bond can only be refunded to the individual who posted it, to the person whose name appears on the bond receipt. If the bond receipt is in the defendant’s name, the money may be applied to payment of fines and costs. If the bond receipt is in another person’s name, that person may authorize the court, in writing, to allow the bond to be applied to the payment of defendant’s fines and costs. For your convenience, you have the option of receiving your bond refund either by mail or in person. To receive a refund in person, you must present photo identification.