When arrested for a crime in the State of Ohio, the arresting officer has multiple choices at his discretion. If the person suspected of committing the crime has a local residence, family ties, a job or history of appearing in court when ordered to on previous charges, the officer can release the person after issuing a Summons After Arrest.

This summons will have all the pertinent information on it including the name and personal information of the defendant, the crime accused, the victim’s information and the date and time of the initial appearance along with the name and address of the court of jurisdiction. The defendant would then be allowed to remain free or be released until such court appearance.

However should the person accused have a history of not appearing in court (FTA), be at large, from out of the court’s jurisdiction or be so under the influence of a mind altering substance the officer can incarcerate that person in the County or City Jail until an initial court appearance. A person once detained/arrested on a criminal charge, there is no obligation that the arresting officer must release that person to a “Sober friend.”

Once incarcerated, the person is given a copy of their charge or warrant, allowed to read and keep it. When the court of jurisdiction opens the defendant must then have an initial appearance. At this time a bond hearing is held and the decision to release the defendant on their own without bond, with bond or to be held without bond is made.

So while incarcerated in the County Jail after the initial arrest, the person has the choice to bond out on misdemeanor charges not dealing with violence. All other crimes such as Domestic Violence and Felonies charged require a court appearance (See the judge/magistrate) who will then decide on bond or no bond.

Unless the defendant pleads guilty or no contest, the case is then set for a Preliminary Hearing. If a bond is set and the defendant is unable to make bail, the defendant will remain in the County Jail until the Preliminary Hearing.

The money required for bond by a judge is not a punishment for the crime, since the defendant is innocent until proven guilty or convicted. The bond is only to assure that the defendant appear and answer to the charges filed. Following is the Ohio Revised Code Section dealing with what happens at the initial appearance for the accused.

2937.02 Court to inform defendant of charge and rights.
(A) When, after arrest, the accused is taken before a court or magistrate, or when the accused appears pursuant to terms of summons or notice, the affidavit or complaint being first filed, the court or magistrate shall, before proceeding further:
(1) Inform the accused of the nature of the charge and the identity of the complainant and permit the accused or counsel for the accused to see and read the affidavit or complaint or a copy of the affidavit or complaint;
(2) Inform the accused of the right to have counsel and the right to a continuance in the proceedings to secure counsel;
(3) Inform the accused of the effect of pleas of guilty, not guilty, and no contest, of the right to trial by jury, and the necessity of making written demand for trial by jury;
(4) If the charge is a felony, inform the accused of the nature and extent of possible punishment on conviction and of the right to preliminary hearing;
(5) If the charge is a violation of section 2907.02 or 2907.03 of the Revised Code, inform the accused that a conviction of or plea of guilty to the violation may result in the following:
(a) In accordance with sections 3109.50 to 3109.507 of the Revised Code, the termination, denial, or limitation, as applicable, of the following:
(i) The accused’s parental rights with respect to a child conceived as a result of the violation;
(ii) The rights of a relative of the accused with respect to a child conceived as a result of the violation.
(b) The granting of a petition to adopt a child conceived as a result of the violation without the accused’s consent as described in division (F) of section 3107.07 of the Revised Code;
(c) The termination of the accused’s, and the accused’s relative’s, eligibility to inherit from a child conceived as a result of the violation or the child’s lineal descendants pursuant to section 2105.062 of the Revised Code.
(B) The court or magistrate may give the information provided pursuant to division (A) of this section to each accused individually, or, if at any time there exists any substantial number of defendants to be arraigned at the same session, the judge or magistrate may, by general announcement or by distribution of printed matter, advise all those accused concerning those rights general in their nature and informing as to individual matters at arraignment.
Amended by 130th General Assembly File No. TBD, SB 207, §1, eff. 3/23/2015.
Effective Date: 01-01-1960
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