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The Ohio Supreme Court heard oral arguments today (oral argument video) concerning whether it violates the Ohio Constitution 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.  Section 9 of Article I of the Ohio Constitution addresses bail, stating “All persons shall be bailable by sufficient sureties …. Where a person is charged with any offense for which the person may be incarcerated, the court may determine at any time the type, amount, and conditions of bail. Excessive bail shall not be required; nor excessive fines imposed; nor cruel and unusual punishments inflicted. …”

State ex rel. Anthony Sylvester, AAA Sly Bail Bonds v. Tim Neal, Wayne County Clerk of Courts, Case no. 2012-1742; and State ex rel. Woodrow L. Fox, Woody Fox Bail Bonds v. Gary Walters, Licking County Clerk of Courts, et al., Case no. 2013-0364.  

Oral argument preview.

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