Ohio Motion to Reduce Bond is a motion filed by a criminal defendant to reduce the amount of money (bail bond) necessary for them to be released pending trial. This motion can be filed in the county court where the criminal charges are pending. Depending on the situation, the motion may either be filed by the defendant’s attorney or by the defendant themselves. The motion must include the criminal charges, the defendant's criminal history, the defendant's ties to the community, the defendant's financial situation, and any other relevant information that the court will consider when determining whether to reduce the bond. The court will then review the motion and issue a ruling. There are two types of Ohio Motion to Reduce Bond: cash bond and surety bond. A cash bond requires the defendant to pay the full amount of the bond upfront, while a surety bond requires the defendant to work with a bail bondsman to pay a percentage of the bond amount.
Ohio Motion to Reduce Bond
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Senate Bill 182 and House Bill 315, both introduced in May 2021, would require courts to release defendants on a personal promise to return unless there is a safety risk or a flight risk. The bills also would require courts to consider the ability to pay when setting the bond amounts.
In DuBose v. McGuffey, the Ohio Supreme Court upheld a decision by an intermediate state appellate court to reduce the bail of a criminal defendant?who was charged with multiple offenses, including murder?from $1,500,000 to $500,000.
Rule 46 - Pretrial Release and Detention (A) Pretrial detention. A defendant may be detained pretrial, pursuant to a motion by the prosecutor or the court's own motion, in ance with the standards and procedures set forth in the Revised Code.
(3) In all cases, the bail shall be fixed with consideration of the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of the defendant appearing at the trial of the case.
A bail bondsman in Ohio charges a 10% premium of the full bond amount. For example, a $10,000 bond will cost a $1,000 premium. Once the premium has been paid, the bondsman will post the full amount of the bond and the defendant will be released from jail.
Pursuant to Ohio Revised Code Section 2109.04, an individual appointed as guardian of the estate of a minor or incompetent is required to post bond with a penal sum in an amount that is fixed by the Probate Court.
Section 2937.23 Bail amount. (A)(1) In a case involving a felony or a violation of section 2903.11, 2903.12, or 2903.13 of the Revised Code when the victim of the offense is a peace officer, the judge or magistrate shall fix the amount of bail.
Senate Bill 182 and House Bill 315, both introduced in May 2021, would require courts to release defendants on a personal promise to return unless there is a safety risk or a flight risk. The bills also would require courts to consider the ability to pay when setting the bond amounts.