Bond Information


There are four types of bail :

  1. Own Recognizance (OR) or Supervised Own Recognizance (SOR).
  2. Cash Bond
  3. Surety Bond
  4. Property Bond

No money is required when a Judge orders an OR or SOR bond.

OR Bond
The defendant is required to sign a recognizance form indicating that he/she will appear in Court until the case is completed.

SOR Bond
The defendant is required to report to Lucas County Pre-trial Services as ordered and follow any other conditions as indicated. Lucas County Pretrial Services is located at 1100 Jefferson Avenue Toledo, Ohio 43624.

There are 2 types of cash bonds that can be posted:

  1. Percent Cash
  2. Full cash bond


Percent Bond
In general a defendant may post 10% of the bond that was set unless the Judge's order says "No Percent."
For example, if the Judge orders a $5,000 bond then $500 must be posted.

Full Cash Bond
The full amount of the bond must be posted if the Judge orders it. 
For example,  if the Judge orders a $5,000 bond, no percent then $5,000 must be posted.

How to Post a Cash Bond
During the normal business hours of the Court, bonds must be posted in the Clerk’s Office. At all other times the bond can be posted at the Toledo Police Department Safety Building located at 525 N. Erie Street.

If you are posting bond for another person, then you will need the full name and date of birth of the defendant. The social security number is also helpful.

When you post either type of bond for yourself or someone else, you will be given a bond paper. You will need this paper to get your money back when the case is over.

A Surety Bond is when bail bond company posts bond on behalf of a defendant allowing the person to be released from jail. The surety company guarantees that the person will appear at his or her court dates. If that person fails to show up in court, a bail bond company will pay the full amount of the bond, and this sum will be forfeited to the court.

A Property Bond is when a defendant or another person puts up property for a bond.

Property Requirements
  1. The property must be titled in the name of the defendant or the person posting on the defendant's behalf. 
  2. The property must be located in Lucas County, Ohio.
  3. The property must be titled in the name of an individual or individuals. Property owned by a trust, trustee,
    corporation, limited liability corporation, partnership or other such entity may not be posted as bond.
  4. The fair market value of the property minus any unpaid liens including mortgages must be at least twice the amount of the bond.


Required Paperwork

  1. A title company statement also known as a title search. This is a a statement of current owners and lien holders from a title company showing all owners of the real estate including the defendant or the surety and showing all lien holders and the amount claimed in each encumbrance.
    • For each encumbrance identified in the title company statement,  there must be satisfactory evidence of the current balance of each encumbrance,
      including any unpaid mortgages, taxes, or other liens.
    • The title company statement can be no more than 2 business days old. 
  2. A current appraisal from the Lucas County Auditor's Office or a licensed real estate agent that shows the fair market value of the property.
  3. A certified copy of the property deed from the Lucas County Recorder's Office
  4. A signed statement from the spouse of each property owner agreeing to post the property as bond


Process

  1. Bring the above paperwork to the Clerk's office located on the first floor of Toledo Municipal Court
  2. The clerk will check the paperwork 
  3. The clerk will generate two forms - a Statement of Equity Value Sheet and an Affidavit of Real Estate Bond.
  4. Take the Affidavit of Real Estate Bond to be notarized. It must be notarized and returned to the Clerk's office that day. 
  5. The completed forms will be sent to the Judge for approval.

Once the case for which bond was posted is over and any fines and costs have been paid, the person who posted a cash bond may request their money back.

If the bond posted was a full cash bond, then all of the money will be returned. If a percent cash bond was posted, then the court keeps 10% of the amount posted. For example, The Judge set bond at $5000 at 10%. A percent cash bond of $500 was posted. $450 of the bond will be returned and the court will keep $50.00.

Process

  1. Bring your bond papers and a picture ID to the Clerk's office.
  2. Fill out the bond return paperwork.
  3. You can either pick up your check or it will be mailed to you the next business day.



If the defendant fails to appear for a court date, a bench warrant may be issued and the Judge or Magistrate can order a bond forfeiture hearing. Letters of notification about the bond forfeiture hearing will be sent to the defendant and the bailor. At the bond forfeiture hearing the Judge or Magistrate can forfeit the bond money that was posted. If the bond posted was a percent cash bond the Judge or Magistrate can order the full bond forfeited. Which means if the bond was set at $5000 and $500 was posted; the bailor could owe the court the remaining $4500.