Ohio Code § 2937.40

Ohio Code § 2937.40. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 2937.40.

(A) Bail of any type that is deposited under section 2937.011 or sections 2937.22 to 2937.45 of the Revised Code by a person other than the accused shall be discharged and released, and sureties

on recognizances shall be released, in any of the following ways: (1) When a surety on a recognizance or the depositor of cash or securities as bail for

an accused desires to surrender the accused before the appearance date, the surety

is discharged from further responsibility or the deposit is redeemed in either of

the following ways: (a) By delivery of the accused into open court; (b) When, on the written request of the surety or depositor, the clerk of the court to

which recognizance is returnable or in which deposit is made issues to the sheriff

a warrant for the arrest of the accused and the sheriff indicates on the return that

the sheriff holds the accused in the sheriff's jail. (2) By appearance of the accused in accordance with the terms of the recognizance or

deposit and the entry of judgment by the court or magistrate; (3) By payment into court, after default, of the sum fixed in the recognizance or the

sum fixed in the order of forfeiture, if it is less. (B) When cash or securities have been deposited as bail by a person other than the accused

and the bail is discharged and released pursuant to division (A) of this section,

or when property has been pledged by a surety on recognizance and the surety on recognizance

has been released pursuant to division (A) of this section, the court shall not deduct

any amount from the cash or securities or declare forfeited and levy or execute against

pledged property.  The court shall not apply any of the deposited cash or securities toward, or declare

forfeited and levy or execute against property pledged for a recognizance for, the

satisfaction of any penalty or fine, and court costs, assessed against the accused

upon the accused's conviction or guilty plea, except upon express approval of the

person who deposited the cash or securities or the surety. (C) Bail of any type that is deposited under section 2937.011 or sections 2937.22 to 2937.45 of the Revised Code by an accused shall be discharged and released to the accused, and property pledged

by an accused for a recognizance shall be discharged, upon the appearance of the accused

in accordance with the terms of the recognizance or deposit and the entry of judgment

by the court or magistrate, except that, if the defendant is not indigent, the court

may apply deposited bail toward the satisfaction of a penalty or fine, and court costs,

assessed against the accused upon the accused's conviction or guilty plea, and may

declare forfeited and levy or execute against pledged property for the satisfaction

of a penalty or fine, and court costs, assessed against the accused upon the accused's

conviction or guilty plea.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 2937.40
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

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Common questions

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