The trial court has discretion however must exercise it in mild of the purpose of bail to guarantee that the defendant appears at all levels of the continuing. In State v. Hardin, 2003 WL (Ohio App. December 31, 2003) motions for remission of bond forfeitures were filed with out requesting a listening to or setting forth any factual foundation for relief. The court of appeals affirmed, in a 2-1 choice, even though there was no basis within the document to evaluation whether or not the trial courtroom thought-about the assorted components governing requests for remission of forfeiture.
General Bail Bond Agents Who Qualify As Property Bail Bondsman
If the sureties had requested for a hearing and alleged facts entitling them to relief, the opinion suggests they might have been entitled to a hearing. Jones v. Bea, 2004 WL (Ohio App. March 12, 2004) is a very strange case.
In State v. Johnson, 2006 WL (Ohio App. January 27, 2006) the defendant failed to seem for sentencing on March 28, 2005, and the court forfeited his bond and ordered the defendant and the surety to appear on April 25 to show cause why judgment should not be entered on the bond. This had the impact of giving the defendant until April 25 to appear and giving the surety until April 25 to produce the defendant.
On April 19 the defendant’s lawyer filed a motion to proceed the sentencing date as a result of the defendant was allegedly shot on April sixteen and was incapacitated in a hospital. In State v. Delgado, 2004 WL (Ohio App. January 9, 2004) the trial court granted two extensions of time for the bail bond surety to apprehend the defendant however refused to remit any portion of the forfeiture when the defendant was returned shortly after forfeiture. The trial court docket’s only reasoning was that the character of the surety’s business was to imagine the danger that the defendant wouldn’t appear.
State v. Warden, 2005 WL (Ohio App. December 23, 2005) held that money bail deposited by someone aside from the defendant could not be used to pay the defendant’s fine. The Court acknowledged that a bail bond could be forfeited only for failure to seem and that cash or securities deposited by anybody other than the defendant cannot be used to pay the defendant’s legal obligations except with the consent of the particular person making the deposit.