Shortly after an arrest, the individual will appear before a 
judge. The prosecutor will detail the charges against the individual for the court. At that hearing, the Judge decides many things, including bail. What exactly is “bail”?
Bail is pledged or given to ensure the person charged appears at the scheduled hearings. In Ohio, the bond is set in one of two ways: predetermined based on the charges or by the Judge. If the bond is predetermined, it can be posted anytime the person is in jail. If set by the Judge, the person is held for “arraignment,” usually within 48 hours when the bond terms are announced. Where to post (pay) the bond varies depending on the court, county, and location.
Types of Bonds
Many types of bonds exist, but only a small handful are used regularly.
Recognizance Bond – A “recog bond” requires only the person’s signature.
Appearance Bond – with this, the defendant must only give the court 10% of the bond value before release. For example, if the bond is set at $5000, $500 is needed. Upon appearing in court at the appointed time, some percentage (usually 90%) will be returned. However, if the person fails to appear, the full amount of the bond ($4500 in this example) is due immediately. Failure to appear in court will result in a warrant for the defendant’s arrest.
Cash Bond – Similar to an Appearance Bond but the entire amount is posted. Generally if the person appears as scheduled the entire amount is returned. Again, failure to appear will result in an arrest warrant.
Surety Bond – With this type, the amount due to the court is pledged by a third party with the resources and reputation to guarantee the full amount should the defendant not appear. Typically, this is an insurance company. Representing these companies are bondsmen. These are not “agents of the court”, nor are they employed by the courts. These are individual businessmen who make their living brokering services between surety insurance companies and the defendant.
Bondsmen charge a fee for their service, usually 10% of the bond amount. This money is their fee and is not returned when the defendant appears in court. For example, if the Judge sets bail at $100,000, the bondsman is paid $10,000 for his services. In exchange, the company he represents agrees to pay the court the full $100,000 if the defendant does not appear. Failure to appear in court will result in an arrest warrant being issued, but the bonding company won’t wait for and does not need a warrant to go after the defendant. Once a defendant “jumps bond,” the law affords bondsmen broad privileges and rights to apprehend the defendant.
Note: Judges often set bonds as “cash or surety,” thus giving the defendant the option.
Other Fees—There are usually other fees associated with posting a bond, but they are small (under $100 total) compared to the bond itself. Some fees are state-legislated, while others vary with the location.
To Post Bail or Not Post Bail – The big family question!
Deciding to post bail is often difficult for the family decision, and the key word here is “family.” Let’s face it. In most criminal cases, bail is a sizable chunk of money, and using that money for bail while getting your loved one out temporarily may cause additional hardships for everyone. The article below may offer some guidance on when to post bond. Again, posting a bond is a family decision because it often has family consequences.
http://www.avvo.com/legal-guides/ugc/to-bail-or-not-to-baila-criminal-defense-attorneys-viewpoint
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