Motion to Remit a Bond
In State v. Smith, 7th Dist. No. 05 JE 49, 2006 Ohio 4614, the Court determined that a denial of a motion for remission of part or all of a bail bond is a final appealable order.
Smith identified six factors for the trial court to consider in a motion to remit a bond:
"1. the circumstances surrounding the subsequent appearance by the defendant, including the timing, and whether her reappearance was voluntary;
"2. the reasons for defendant's failure to appear;
"3. the inconvenience, expense, delay and any other prejudice to the prosecution;
"4. Whether the sureties were instrumental in securing the appearance of the defendant;
"5. Any mitigating circumstances; and
"6. Whether justice requires that the entire amount of the bail remain forfeited." Id. at P37-42, citing State v. American Bail Bond Agency, supra.
Smith also held that: "'when considering a request for postappearance bond remission pursuant to R.C. 2937.39, a trial court should balance the reappearance of the accused and the efforts expended by the surety to effectuate the reappearance against the inconvenience, expense, and delay suffered by the state and any other factors the court finds relevant.'" Id. at P44.