Can Bail Obligations Continue If Case Is Dismissed and No Criminal Charges Are Pending Against Individual ?
In State v. Buck (1999), Ross App. No. 98CA2438, 1999 Ohio App, the municipal court issued a dismissal entry which, as started supra, did not explicitly release the appellant from his bail obligations.
The appellant argued such failure resulted in his bail being continued pursuant to Crim.R. 12(I), and the speedy trial time continued to run against the State.
The Buck Court noted there was no evidence in the record from which it could conclude the municipal court continued the appellant's bail pursuant to Crim R.12(I) after the original dismissal.
The Court added it found no rationale existed for the municipal court to continue bail as the underlying case was dismissed in its entirety, and no criminal charges were left pending against the appellant.
The Court concluded the dismissal entry tolled the running of the statutory speedy trial period.