What Are The Different Types Of Bail Bonds?

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 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 bonds are 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 bail 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.

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 email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.

“All I do is DUI defense.”

Fairborn, Dayton,Springfield,Kettering,Vandalia,Xenia, Miamisburg,Huber Heights, Springboro, Oakwood,Beavercreek, Centerville

Continue Reading...

DUI and the Constitution. How Driving under the Influence is different than every other crime.

Being arrested for a DUI (Driving under the Influence) is perhaps the most commonly charged criminal offenses in all of Las Vegas.  The reason this crime is so commonly charged is two-fold.  First, law enforcement actively pursues arrests in this type of offense.  While there are no “robbery or rape patrols” there are DUI patrols with special units of officers dedicated to only the arrest of drivers who have been drinking.  Secondly, while most individuals are generally law abiding, there are not many among us who couldn’t have been arrested for driving under the influence at some point in our lives.

So, what happens when you are arrested for DUI?  When law enforcement pulls over a driver and determines that the person behind the wheel is impaired, they are immediately arrested.  In Nevada, when someone is arrested for DUI pursuant to a breath test sample in excess of .08%, the person is not only arrested, but their Nevada Driver’s License is immediately confiscated by the arresting officer and the driver is handed what is commonly called a “pink sheet,” or more precisely a “Officer’s Certification of Cause and Notice of Revocation or Suspension” form.  This paper means two (2) things.  First, it means that the Officer has determined that there is probable cause to arrest the driver, in the form of a breath test in excess of .08%, meaning that (in the officer’s opinion) the driver should lose his or her privilege to drive.   Secondly, this paperwork serves as the driver’s license (remember that the police officer will physically take the driver’s license) for a period of only seven (7) days before the driver’s license is revoked by the DMV.

Most drivers in this position are arrested and given a date to appear for Court following this example.  What many drivers don’t realize however is that this arrest triggers two (2) very difference procedures.  Obviously, this kind of arrest leads to a criminal case in a Court of law… meaning that the driver will face charges and needs a qualified lawyer to represent them in Court.  What many drivers fail to realize however, is at the precise same time (and in most cases earlier) the Department of Motor Vehicles (DMV) will initiate an administrative procedure to revoke the driver’s privileges and ability to drive.

In other words, unlike almost every single other criminal violation, the driver, even though he or she only drove once, is not only prosecuted in the Courts, but he or she is “prosecuted” for driving with a breath alcohol concentration in excess of .08% by the DMV.

While Nevada law dictates that a driver who loses his or her
driving privileges in an administrative DMV proceeding cannot have his or her driving privileges revoked a second time after being convicted criminally for a DUI offense (note that there is a 90 day administrative DMV revocation for a .08% violation for DUI as well as a 90 days revocation for conviction under the criminal statute – – however the driver cannot be revoked twice for both offenses, just one single time) the driver still will face a substantial punishment in the form of classes, victim impact panels, mandatory fines, even jail time.

While in virtually every other situation the constitutions of both the United States and Nevada dictate that a person can only be prosecuted for a single crime once and the 5th amendment of the United States constitution explicitly states that no person shall “be subject for the same offense to be twice put in jeopardy of life and limb,” when it comes to DUI, the constitutional protections of citizens are generally thrown out and ignored by the legislature.

In addition, the laws as they related to DUI offenses in Nevada (and virtually every other state) dictate that when a person is over .08% in their blood or breath, they are “per se” intoxicated.  In Nevada, a person can be arrested, charged and even convicted if their blood or breath sample is over the legal limit, even if they have exhibited no signs of impairment.  However, the driver can still be convicted without ANY forensic sample, from blood, breath or urine showing any level of alcohol in the body.  Unlike almost every other type of criminal allegation, the law says it’s “OK” to prosecute a driver under both theories at the same time.

This dichotomy of allowing a State to punish a driver by two (2) different methods (the DMV proceeding and the Court proceeding) as well as the State’s ability to bring charges in Court by more than one theory, is unique to DUI law.  These difficult issues of law require expert defense.

Because the area of DUI law presents this, and many, many other unique circumstances – coupled with the fact that an arrest and conviction for DUI can lead to permanent consequences for the person convicted, you need to consult with a knowledgeable and experienced DUI Defense attorney right away.  In some cases you only have a week from when you are arrested to save your right to drive and fight your DMV revocation.  Act now and contact us today.  While no criminal case outcome can be guaranteed, at the law firm of Hofland & Tomsheck we have a long track record of achieving positive outcomes for our clients including the reduction and altogether dismissal of DUI charges.  Contact us today and let us start fighting for you.

Continue Reading...