2018 Ohio 2443
Ohio Ct. App.2018Background
- Defendant Jermont Wade was arrested on two criminal nonsupport charges; bonds set at $3,000 PR and $3,000 cash per case; Sly Bail Bonds posted $3,000 surety in each case.
- Wade failed to appear for a pretrial; the trial court revoked and forfeited the bonds and issued capiases; a show-cause hearing was scheduled.
- Wade was arrested two days before the forfeiture hearing, pled guilty at a pretrial, and the trial court reinstated the original bonds, releasing Wade pending sentencing.
- Sly Bail Bonds filed motions to release surety (filed twice in 16CR093187 on Aug 8, 2016; no such motion in 16CR093186) and later moved to discharge bonds after Wade failed to appear for sentencing and bonds were again forfeited.
- At the forfeiture hearing (no evidence presented; Wade absent), the trial court entered judgment forfeiting the $3,000 surety in each case; Sly appealed, raising two assignments of error claiming (1) the bond should have been discharged/released when Sly surrendered Wade and (2) the court erred by reinstating an allegedly exonerated bond.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying Sly Bail Bonds’ motion to release surety | Sly: Civil statutes R.C. 2713.21 and 2713.23 apply; surrender of defendant discharges/exonerates bond | State: Those R.C. 2713 provisions govern civil arrest/bail, not criminal bail; thus inapplicable | Court: Denial affirmed; civil statutes inapplicable to criminal case; no prejudice shown in one case where motion was not filed |
| Whether the court erred by reinstating a bond Sly claims had been exonerated upon surrender | Sly: Once surrendered, bond was exonerated and court could not reinstate; new bond required | State: Civil exoneration statutes do not apply in criminal proceedings; bond was not exonerated under R.C. chapter 2713 | Court: Overruled; bond not exonerated under cited civil statutes and reinstatement was proper |