Article I, Section 9 of the Ohio Constitution is violated when a court orders bail requiring that 10 percent of the amount be paid in cash, and prohibits a defendant from posting a surety bond for the full amount. Ohio Constitution Article I, Section 9 requires that “All persons shall be bailable by sufficient sureties …”. The Court stated:
“We hold … that Ohio Crim. R. 46(A) is unconstitutional insofar as it allows a court to require a bond secured by a 10 percent cash deposit under Crim.R. 46(A)(2) as the only option, to the exclusion of a surety bond,” Justice Kennedy wrote. “Bail under Crim.R. 46(A)(2) is still an option if a surety bond is accepted as an alternative. Thus, if a court decides that it will accept the defendant’s own bond only if it is secured by a 10 percent cash deposit, it must accept, as an alternative, a surety bond for the full amount of bail, with no deposit required. Crim.R. 46(A)(2) does not state this alternative, as Crim.R. 46(A)(3) does, but the Constitution requires it.”
State ex rel. Anthony Sylvester, 2014-Ohio-2926.
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