Ohio Revised Code Chapter 2937 - Preliminary Examination; Bail
- Section 2937.01 - Preliminary Examination - Bail Definitions.
The definition of "magistrate" set forth in section 2931.01 of the Revised Code, and the definitions of "peace officer," "prosecutor," and "offense" set forth...
- Section 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...
- Section 2937.03 - Arraignment - Explanation Of Rights.
After the announcement, as provided by section 2937.02 of the Revised Code, the accused shall be arraigned by the magistrate, clerk, or prosecutor of...
- Section 2937.04 - Motion To Dismiss Complaint Or Affidavit.
If accused does not desire counsel or, having engaged counsel, appears at the end of granted continuance, he may then raise, by motion to...
- Section 2937.05 - Discharge Of Defendant - Amendment Of Complaint.
If the motion pursuant to section 2937.04 of the Revised Code be sustained, accused shall be discharged unless the court or magistrate finds that...
- Section 2937.06 - Pleas - Advice As To Effects Of Plea.
(A) After all motions are disposed of or if no motion is presented, the court or magistrate shall require the accused to plead to...
- Section 2937.07 - Court Action On Pleas Of Guilty And No Contest In Misdemeanor Cases.
If the offense is a misdemeanor and the accused pleads guilty to the offense, the court or magistrate shall receive and enter the plea...
- Section 2937.08 - Court Action On Pleas Of Not Guilty Or Once In Jeopardy In Misdemeanor Cases.
Upon a plea of not guilty or a plea of once in jeopardy, if the charge be a misdemeanor in a court of record,...
- Section 2937.081 - [Repealed].
Effective Date: 10-12-1994
- Section 2937.09 - Court Action On Pleas In Felony Cases.
If the charge is a felony, the court or magistrate shall, before receiving a plea of guilty, advise the accused that such plea constitutes...
- Section 2937.10 - Setting Preliminary Hearing For Felony Cases.
If the charge be a felony and there be no written plea of guilty or waiver of examination, or the court or magistrate refuses...
- Section 2937.11 - Conduct Of Preliminary Hearing.
(A) (1) As used in divisions (B) and (C) of this section, "victim" includes any person who was a victim of a felony violation...
- Section 2937.12 - Preliminary Hearing - Presentation Of Case Of Accused.
(A) At the conclusion of the presentation of the state's case accused may move for discharge for failure of proof or may offer evidence...
- Section 2937.13 - Finding Of Presence Of Substantial Credible Evidence.
In entering a finding, pursuant to section 2937.12 of the Revised Code, the court, while weighing credibility of witness, shall not be required to...
- Section 2937.14 - Entering Reason For Change In Charge On Journal Of Court.
In any case in which accused is held or recognized to appear for trial on any charge other than the one on which he...
- Section 2937.15 - Transcript Of Preliminary Hearing.
Upon the conclusion of the hearing and finding, the magistrate, or if a court of record, the clerk of such court, shall complete all...
- Section 2937.16 - When Witnesses Shall Be Recognized To Appear.
When an accused enters into a recognizance or is committed in default thereof, the judge or magistrate shall require such witnesses against the prisoner...
- Section 2937.17 - Recognizance For Minor.
A person may be liable in a recognizance for a minor to appear as a witness, or the judge or magistrate may take the...
- Section 2937.18 - Commitment Of Witness Refusing To Give Recognizance.
If a witness ordered to give recognizance fails to comply with such order, the judge or magistrate shall commit him to such custody or...
- Section 2937.19 - Subpoenas Or Other Process To Bring Witnesses Or Documents.
The magistrate or judge or clerk of the court in which proceedings are being had may issue subpoenas or other process to bring witnesses...
- Section 2937.20 - Amended And Renumbered Rc 2701.031.
Effective Date: 11-20-1996
- Section 2937.21 - Continuances.
No continuance at any stage of the proceeding, including that for determination of a motion, shall extend for more than ten days unless both...
- Section 2937.22 - Form Of Bail.
(A) Bail is security for the appearance of an accused to appear and answer to a specific criminal or quasi-criminal charge in any court...
- Section 2937.221 - Deposit Of Driver's License As Bond.
(A) A person arrested without warrant for any violation listed in division (B) of this section, and having a current valid Ohio driver's or...
- Section 2937.222 - Hearing On Bail - Grounds For Denying.
(A) On the motion of the prosecuting attorney or on the judge's own motion, the judge shall hold a hearing to determine whether an...
- Section 2937.23 - Bail Amount.
(A) (1) In a case involving a felony or a violation of section 2903.11, 2903.12, or 2903.13 of the Revised Code when the victim...
- Section 2937.24 - Oath To Surety - Form Of Affidavit.
When a recognizance is offered under section 2937.22 of the Revised Code, the surety on which recognizance qualifies as a real property owner, the...
- Section 2937.25 - Lien - Form.
Upon the execution of any recognizance in an amount in excess of two hundred dollars in the usual form, and an affidavit of justification...
- Section 2937.26 - Cancellation Of Lien - Form.
Whenever, by the order of a court, a recognizance under sections 2937.24 and 2937.25 of the Revised Code has been canceled, discharged, or set...
- Section 2937.27 - Duties Of County Recorder.
The county recorder of the county in which the property of a surety on a recognizance is located, shall keep and file in the...
- Section 2937.28 - Pledge Of Real Property As Bail.
All recognizances shall be returnable to and all deposits shall be held by or subject to the order of the court or magistrate before...
- Section 2937.281 - Recognizance Forms.
In cases of felony, the recognizance shall be signed by the accused and one or more adult residents of the county in which the...
- Section 2937.29 - Release On Own Recognizance.
When from all the circumstances the court is of the opinion that the accused will appear as required, either before or after conviction, the...
- Section 2937.30 - Recognizance When Accused Discharged.
When a defendant is discharged by the trial court otherwise than on a verdict or finding of acquittal, or when the appellate court reverses...
- Section 2937.31 - Recognizance Or Deposit For Appearance Of Accused.
If an accused is held to answer and offers sufficient bail, a recognizance or deposit shall be taken for his appearance to answer the...
- Section 2937.32 - Detention Where Bail Not Granted Or Sufficient Bail Not Offered.
If an offense is not bailable, if the court denies bail to the accused, or if the accused does not offer sufficient bail, the...
- Section 2937.33 - Receipt Of Recognizance.
When a transcript or [of] recognizance is received by the clerk of the court of common pleas, or of any court of record to...
- Section 2937.34 - Accused Unlawfully Detained - Examining Court To Be Held.
When a person is committed to jail, charged with an offense for which he has not been indicted, and claims to be unlawfully detained,...
- Section 2937.35 - Forfeiture Of Bail.
Upon the failure of the accused or witness to appear in accordance with its terms the bail may in open court be adjudged forfeit,...
- Section 2937.36 - Forfeiture Of Bail Proceedings.
Upon declaration of forfeiture, the magistrate or clerk of the court adjudging forfeiture shall proceed as follows: (A) As to each bail, the magistrate...
- Section 2937.37 - Levy On Personal Property In Judgment Against Surety.
A magistrate or court of record inferior to the court of common pleas may proceed to judgment against a surety on a recognizance, and...
- Section 2937.38 - Forfeiture Of Bail Proceedings - Minority No Defense.
In any matter in which a minor is admitted to bail pursuant to Chapter 2937 of the Revised Code, the minority of the accused...
- Section 2937.39 - Remitting All Or Part Of Penalty.
After judgment has been rendered against surety or after securities sold or cash bail applied, the court or magistrate, on the appearance, surrender, or...
- Section 2937.40 - Discharge And Release Of Bail And Sureties.
(A) Bail of any type that is deposited under sections 2937.22 to 2937.45 of the Revised Code or Criminal Rule 46 by a person...
- Section 2937.41 - Discharge Of Recognizance.
On the discharge of bail, the magistrate or clerk of the court shall return, subject to division (B) or (C) of section 2937.40 of...
- Section 2937.42 - Defect In Form Of Recognizance.
Forfeiture of a recognizance shall not be barred or defeated or a judgment thereon reversed by the neglect or omission to note or record...
- Section 2937.43 - Issuance Of Warrant Upon Failure To Appear.
Should the accused fail to appear as required, after having been released pursuant to section 2937.29 of the Revised Code, the court having jurisdiction...
- Section 2937.44 - Recognizance Forms.
Recognizances substantially in the forms following are sufficient: RECOGNIZANCE OF THE ACCUSED The State of Ohio, . . . . . . . County,...
- Section 2937.45 - Commitment Forms.
Commitments substantially in the forms following are sufficient: COMMITMENT AFTER EXAMINATION The State of Ohio, . . . . . . . . ....
- Section 2937.46 - Uniform Rules For Practice And Procedure In Traffic Cases.
(A) The supreme court of Ohio, in the interest of uniformity of procedure in the various courts and for the purpose of promoting prompt...
- Section 2937.99 - Penalty.
(A) No person shall fail to appear as required, after having been released pursuant to section 2937.29 of the Revised Code. Whoever violates this...
Last modified: October 10, 2016