Bail Versus Bond Forfeiture In Cuyahoga

Category:
State:
Multi-State
County:
Cuyahoga
Control #:
US-00006DR
Format:
Word; 
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

If a prisoner admitted to bail under section 2963.14 of the Revised Code fails to appear and surrender himself ing to the conditions of his bond, the judge or magistrate, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he is within this state.

The legal implications of bail bond forfeiture can be severe. Beyond the financial loss, the defendant may face additional charges for failing to appear in court, complicating their legal situation.

In certain circumstances, a bond forfeiture can be reversed. However, this is typically only possible if the defendant can provide a valid reason for their failure to comply with the conditions of their release, such as a medical emergency or other extenuating circumstances.

Generally, a bond forfeiture would just revoke liberty and have the defendant return to jail pending trial. So no, a bond forfeiture is not analogous to "guilt" or conviction. in lieu of conviction is "in place of" or "instead of," so alone, that is not a conviction either.

Under the state's asset forfeiture laws, Ohio Revised Code 2981.01, police have the right to seize property or assets that are alleged to have been earned by illegal activities. These properties and assets include: Your home, land, rental property, vacation home, or commercial property.

Bond Forfeitures / Bail Forfeitures Leave a Criminal Record Even though not it is not a criminal conviction, the original record of your arrest or charges filed against you will stay on the public record for anyone to see, which is easy to find these days on the internet with a couple of clicks of the mouse.

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Bail Versus Bond Forfeiture In Cuyahoga