DUI & Bail

Making Bail In An OVI Case

October 21st, 2013

making bailMaking bail in an OVI case is one of the first concerns you may have in your OVI case.  When you are arrested for OVI in Ohio, the police have the discretion to release you or to hold you in a local jail. If you are released, you are given a court date and it is your responsibility to show up at the designated time and place so that your case can proceed.  Failure to do so will result in an arrest warrant being issued.  The time and place of your appearance appears at the bottom of your ticket.  There you will find the date and the address of the court  where your case will be heard.

If you are held in jail, you will be given the opportunity to post a bond.  The posting of a bond is often referred to as  “making bail” or “bailing out” of jail.  Why do you have to make bail?  The purpose of making bail is to ensure that the defendant appears for all scheduled court hearings. Many jurisdictions in Ohio have a set amount of bail for a first-time OVI offender and you will be required to pay this bail amount prior to your release.  This pre-determined amoutn is referred to as the Bond Schedule.  Many courts will post the Bond Schedule on their web sties, making it easier for family members to access the information.  Other jurisdictions will hold you in jail until you appear before a judge.  The judge will hold a preliminary hearing called an arraignment and a bond amount will be set.  Most often the defendant will be able to post bail immediately.  Usually, bail bonds may be posted 24 hours a day.  Check with the court about what types of payments can be accepted and whether or not a credit card holder must be present for the payment to be accepted.

There are several types of bonds that can be set by the judge:

  • Recognizance Bond - Also referred to as an O.R bond, this bond 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 $5,000 appearance bond is set, you will need to post $500 with the court to secure your release. If you make all the necessary court appearances, the money will be returned at the end of the case. Failure to appear could make you liable for the full amount of the bond and the court could render judgment against you.  In this example you may owe an additional $4,500.
  • Cash Bond - If the court does not give you a 10% bond, you must post the entire amount of the bond that has been set before being released.  Make all of the scheduled court appearances and the court will return all of the money posted.
  • Property Bond - This type of bond has many requirements and is governed by O.R.C. 2937.24 and Criminal Rule 46(A)(3) & (I). Please consult a professional if considering this type of bond.

Sometimes a judge will say that the bond is a cash or surety bond.  Often a judge will say a short-hand version such as, “Bail will be $1,000 cash or surety.”  A surety 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.  Bail bond companies are also knows as bail bondsmen.  Choose a bail bond company that services the jail where you are being held.  You should also consider how quickly they can act on your case, whether or not they accept payment plans and whether or not collateral will be required.  Once you have chosen a bail bond company, the bail agent will then post the bond at the necessary jail to secure release.  NOTE: co-signing on a bond can have serious and devastating effects.  Please read and understand the obligations you are undertaking before entering into this contractual relationship.

Once the bond is posted the release process begins.  The bond is processed through the court and a release notice is issued to the jail.  Depending on the size of the jail, this process can take 10 minutes or several hours.  Usually, the defendant will receive a court date upon his or her release.  Again, failing to appear at the court date will result in a warrant being issued for your arrest and may result in a forfeiture of your bond.

OVI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

 Find Standardized Field Sobriety Tests information and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Keywords in this article: Making Bail, Making Bail in Your DUI Case, Making Bail in Ohio

The Montgomery County Jail (by Dayton DUI)

November 29th, 2012

The Montgomery County Jail, located at 330 W. Second St., in downtown Dayton, Ohio is a 900 bed facility serving multiple jurisdictions throughout Montgomery County including the Vandalia Municipal Court; Miamisburg Municipal Court; Kettering Municipal Court; Montgomery County Municipal Courts (Eastern and Western Divisions) and the Montgomery County Common Pleas Court.  If you are arrested for DUI/OVI in any of these jurisdictions, you may be booked into the Montgomery County Jail.  You can contact the jail at (937)225-4160 or visit the jail web site HERE.  To check whether or not someone is incarcerated in the Montgomery County Jail, you can visit HERE.

Bond may be posted 24 hours a day, 7 days a week at the Prisoner Property Room Window in the lobby of the Montgomery County Jail. Call (937) 224-8447 to check on bond amounts. The State of Ohio House Bill 1 requires a Bail Surcharge. This cost is in addition to the bond amount and court costs set by the court. This cost can be as much as $85.00 for each bond and must be paid at the time the bond is posted.

For an inmate who has received a sentence and is incarcerated, visitation is permitted.  Prisoners are permitted one (1) visit per week with a maximum of three (3) persons, including children, permitted to visit with the prisoner. The visitation week begins on Monday and runs through Sunday. A parent or legal guardian must accompany juveniles (persons under the age of eighteen.)

Regular Visitation Hours

Monday through Friday
1:00 p.m. to 3:00 p.m.
7:00 p.m. to 8:30 p.m.

Weekends & Legal Holidays
9:00 a.m. to 10:00 a.m.
1:00 p.m. to 3:00 p.m.
7:00 p.m. to 8:30 p.m.

Funds may be left for prisoner use at the automated kiosk located in the Jail Lobby 24 hours a day, 7 days a week, or mailed to the prisoner in care of the jail.  VISA, MASTERCARD, DISCOVER CARDS AND CASH WILL BE ACCEPTED — NO PERSONAL CHECKS.  Prisoners may receive letters, money orders for commissary use, and photographs, as long as the photographs are not sexually explicit or contain nudity.  To write to a prisoner use the following address:

(Prisoner’s Name)
In Care of the Montgomery County Jail
330 West Second Street
Dayton, OH 45422

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

Making Bail In Your Ohio DUI Case

August 31st, 2012

Deutsch: Kautionsagentur in Indianapolis, USA ...

When you are arrested for OVI in Ohio, the police have the discretion to release you or to hold you in a local jail. If you are released, you are given a court date and it is your responsibility to show up at the designated time and place so that your case can proceed.  Failure to do so will result in an arrest warrant being issued.  The time and place of your appearance appears at the bottom of your ticket.  There you will find the date and the address of the court  where your case will be heard.

If you are held in jail, you will be given the opportunity to post a bond.  The posting of a bond is often referred to as  “making bail” or “bailing out” of jail.  Why do you have to make bail?  The purpose of bail is to ensure that the defendant appears for all scheduled court hearings. Many jurisdictions in Ohio have a set amount of bail for a first-time OVI offender and you will be required to pay this bail amount prior to your release.  This pre-determined amoutn is referred to as the Bond Schedule.  Many courts will post the Bond Schedule on their web sties, making it easier for family members to access the information.  Other jurisdictions will hold you in jail until you appear before a judge.  The judge will hold a preliminary hearing called an arraignment and a bond amount will be set.  Most often the defendant will be able to post bail immediately.  Usually, bail bonds may be posted 24 hours a day.  Check with the court about what types of payments can be accepted and whether or not a credit card holder must be present for the payment to be accepted.

There are several types of bonds that can be set by the judge:

  • Recognizance Bond - Also referred to as an O.R bond, this bond 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 $5,000 appearance bond is set, you will need to post $500 with the court to secure your release. If you make all the necessary court appearances, the money will be returned at the end of the case. Failure to appear could make you liable for the full amount of the bond and the court could render judgment against you.  In this example you may owe an additional $4,500.
  • Cash Bond - If the court does not give you a 10% bond, you must post the entire amount of the bond that has been set before being released.  Make all of the scheduled court appearances and the court will return all of the money posted.
  • Property Bond – This type of bond has many requirements and is governed by O.R.C. 2937.24 and Criminal Rule 46(A)(3) & (I). Please consult a professional if considering this type of bond.

Sometimes a judge will say that the bond is a cash or surety bond.  Often a judge will say a short-hand version such as, “Bail will be $1,000 cash or surety.”  A surety 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.  Bail bond companies are also knows as bail bondsmen.  Choose a bail bond company that services the jail where you are being held.  You should also consider how quickly they can act on your case, whether or not they accept payment plans and whether or not collateral will be required.  Once you have chosen a bail bond company, the bail agent will then post the bond at the necessary jail to secure release.  NOTE: co-signing on a bond can have serious and devastating effects.  Please read and understand the obligations you are undertaking before entering into this contractual relationship.

Once the bond is posted the release process begins.  The bond is processed through the court and a release notice is issued to the jail.  Depending on the size of the jail, this process can take 10 minutes or several hours.  Usually, the defendant will receive a court date upon his or her release.  Again, failing to appear at the court date will result in a warrant being issued for your arrest and may result in a forfeiture of your bond.  Now is the time to begin searching for an attorney to help you through your Ohio OVI case.  DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in FairbornDaytonSpringfieldKetteringVandaliaXenia,MiamisburgSpringboroHuber HeightsOakwoodBeavercreekCenterville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at:CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.