Can You Go to Jail at an Arraignment in Ohio?

TL;DR: Yes, you can go to jail at an arraignment in Ohio. During the arraignment, charges are formally read, and the defendant enters a plea. If the judge does not grant bail or if the defendant cannot post bail, they may be taken into custody and remain in jail until the trial.

What Happens at an Arraignment?

An arraignment is the first formal court appearance in a criminal case. During this hearing:

  1. The defendant is informed of the charges.
  2. The defendant is asked to enter a plea (guilty, not guilty, or no contest).
  3. Bail conditions are reviewed or set.

Possible Outcomes of an Arraignment

  • Release on Own Recognizance (ROR): The judge may release the defendant without requiring bail if they believe the defendant is not a flight risk and poses no danger to the community.
  • Setting Bail: The judge may set a bail amount. If the defendant can post bail, they will be released. If not, they will remain in custody.
  • Remand to Custody: In some cases, the judge may decide to remand the defendant to custody without the possibility of bail, particularly if the defendant is considered a flight risk or poses a danger to the community.

Factors Influencing Bail Decisions

Several factors influence whether a defendant is granted bail, including:

  • The nature and severity of the charges
  • The defendant’s criminal history
  • The likelihood of the defendant appearing at future court dates
  • The potential danger the defendant poses to the community

Ohio Statutes on Arraignment and Bail

Ohio Rule of Criminal Procedure 10

Ohio Rule of Criminal Procedure 10 outlines the procedures for arraignments. According to this rule:

  • The arraignment shall be conducted in open court and shall consist of reading the indictment or information to the defendant or stating to the defendant the substance of the charge and calling on the defendant to plead.
  • If the defendant appears without counsel, the court shall inform the defendant of their right to counsel and appoint counsel unless waived¹.

Ohio Revised Code 2937.22

Ohio Revised Code 2937.22 provides the criteria for determining bail and conditions of release. The statute emphasizes:

  • The seriousness of the offense charged.
  • The defendant’s previous criminal record, if any.
  • The probability of the defendant appearing at the trial or hearing of the case.
  • The weight of the evidence against the defendant.
  • The character of the defendant.
  • The mental condition of the defendant.
  • The length of residence in the community.
  • Any other factor indicating the defendant’s reliability to appear as required².

Notable Cases

State v. Brooks, 103 Ohio St.3d 134 (2004)

In State v. Brooks, the Ohio Supreme Court addressed the issue of setting bail and the importance of ensuring the defendant’s appearance at future court dates. The court emphasized that the primary purpose of bail is to ensure that the accused will appear at trial and all other critical stages of the criminal proceedings. The court also highlighted the need to balance the right of the accused to be free from excessive bail with the need to protect the community and ensure the defendant’s presence in court.

State v. Menefield, 1995 Ohio App. LEXIS 3127 (Ohio Ct. App., Franklin County 1995)

In State v. Menefield, the Franklin County Court of Appeals reviewed the procedural requirements for arraignments and the rights of defendants during this initial court appearance. The court ruled that defendants must be informed of the charges against them and their rights, including the right to counsel. This case underscored the importance of a fair arraignment process and the need to ensure that defendants are adequately informed of their legal rights and the charges they face.

Key Takeaways

KEY TAKEAWAYS
  • Yes, you can go to jail at an arraignment in Ohio if bail is not granted or if you cannot post bail.
  • An arraignment is a hearing where charges are read, and the defendant enters a plea.
  • Outcomes include release on own recognizance, setting of bail, or remand to custody.
  • Bail decisions are influenced by the severity of charges, criminal history, flight risk, and potential danger to the community.
  • Relevant laws include Ohio Rule of Criminal Procedure 10 and Ohio Revised Code 2937.22.

    • References

    ¹ Ohio Rule of Criminal Procedure 10
    ² Ohio Revised Code 2937.22