Ohio § 2937.40
Full text of Ohio Ohio Revised Code § 2937.40, with citation guidance and answers to common questions.
§ 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.
Frequently Asked Questions About Ohio § 2937.40
What does Ohio Revised Code § 2937.40 cover?
Section 2937.40 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 2937.40?
A common citation format is "Ohio Revised Code § 2937.40" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 2937.40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.