When someone is arrested, it may be possible for them to be released from jail by posting bond as a guarantee that they will appear in Court on a later date. You can contact the jail’s booking department listed below or the Kettering Municipal Court Clerk’s Office at 937-296-2461 during business hours to find out if it is possible to post bond on the charge and, if so, the amount of the bond. If bond is posted, the defendant will be released and given a court date to appear before the judge.
Local Jail Contact Numbers:
| Kettering Jail 937-296-2563 Montgomery County Jail 937-225-4160 |
The Kettering Jail and Kettering Municipal Court Clerk’s Office will accept bond in the form of cash, surety or credit card, however you can only post cash or surety bonds at the Montgomery County Jail.
The Kettering Municipal Court Judges, in conjunction with judges throughout Montgomery County, have created a Bond Schedule outlining bond amounts required for most offenses heard in this Court. Bond is set individually by a judge for all felony charges.
When you are posting a bond, you will be asked to post the following additional state-required costs and fees – depending on the type of case:
Traffic case: $64.00
Criminal case: $54.00
Felony case: $85.00
Types of Bond
Kettering Municipal Court Judges will generally allow one or more of the following types of bond to be posted. If the judge’s decision on the case is anything other than a finding of not guilty or completely dismissed on all charges, a $25 state bond surcharge (fee) will be taken out of the posted bond amount. If money is left over after the completion of a case, the remainder of this money can be returned to the bond poster in the same form in which it was paid (for example, bond paid by credit card will be returned to the same credit card; cash bond will be returned in the form of a check).
PLEASE NOTE: If the bond is posted in the defendant’s name and money is owed after the judge makes a final decision on the case, the bond money posted will be applied to the fines and costs associated with the case.
Bond will be refunded ONLY to the person in whose name the bond was posted. ALL BOND MONEY, NO MATTER WHO POSTS IT, will be held by the Court until final disposition of the case or until the Court orders. For example, if a violation, such as a probation violation, occurs causing the defendant to be arrested after the case has a finding, the bond poster will have to wait to receive their bond money back until after the defendant complies with the judge’s order. Please be aware of the potential for bond money to be forfeited if the defendant does not appear as required. See the forfeiting bond section below for more information.
PLEASE NOTE: The Kettering Jail and Kettering Municipal Court Clerk’s Office will accept bond in the form of cash, surety or credit card, however, you can only post cash or surety bonds at the Montgomery County Jail.
Cash Bond:
The entire amount of bond set by the judge must be posted for a cash bond. Both cash and credit cards (Mastercard and Visa) are accepted for Cash Bonds. (As mentioned above, the Montgomery County Jail does not accept credit cards.) Once the case is completely disposed of (has a finding of guilty, not guilty or dismissed), the bond can be applied to the defendant’s case (if fines and/or costs are owed) or if the bond poster is not the defendant, they can choose to get their money back.
Surety Bond:
A surety bond may be posted by a professional bonding company (bail bondsman) to guarantee that the defendant will appear in court. PLEASE NOTE: This financial arrangement is handled between the bond poster and the bail bondsman. The bail bondsman then files the proper paperwork with the court. It is up to the bail bondsman and bond poster to determine ahead of time who will be providing the court with the state-required upfront bond costs and fees mentioned above.
10% Bond:
If the judge sets a 10% bond, the bond-poster may post 10% of the amount of total bond set by the judge. For example, if the judge sets the bond at $2,500/or 10%, the bond poster must post $250 cash plus the state-required costs and fees listed above. Once the defendant’s case is over, a court cost of 10% of the total amount posted will be collected by the Court (even if the defendant is found not guilty). For example, a $2,000/or 10% bond requirement on a criminal case will require you to post a $200 bond, plus a $54 state-required fee – totaling $254. Once the case is over, a $20 cost (10% of $200) will be charged to the case from the amount of bond posted, along with the $25 state-required bond surcharge fee mentioned above for anything other than a non-guilty or dismissed finding.
Please be aware of the court’s bond forfeiture procedures below before posting this or any bond.
O.R. Bond (Own Recognizance Bond):
The judge may release a defendant on their own recognizance, which involves no bond money, but requires the defendant to guarantee that they will return for future Court appearances. Failure to appear will likely result in a warrant being issued for the defendant’s arrest.
Getting Your Bond Money Back
If you post bond for yourself or someone else posts it and puts it in your name, and money is owed after the judge makes a final decision on your case, the bond money posted will be applied to the fines and costs associated with your case. This is true even if you only posted the upfront state-required costs and fees and a bail bondsman posted a surety bond for you.
If you post bond for someone else (and it is posted in your name), you may choose to apply the money to any costs and fines owed by the defendant when their case is done, or you can choose to get your money back. If the judge’s decision on the case is anything other than a finding of not guilty or completely dismissed on all charges, a $25 state bond surcharge (fee) will be taken out of the posted bond amount. The remainder of this money can then be applied to the defendant’s case or it can be returned to you in the same form you posted it in (for example, if you paid with a credit card you will get the bond money back on that same credit card; cash bond will be returned in the form of a check). Both cash and credit cards (Mastercard and Visa) are accepted for Cash Bonds.
In either case, the person who posted the bond must come to the Clerk’s Office with their driver’s license or photo I.D.—and same credit card if one was used to post bond—to complete the transaction. A bond receipt is also helpful to speed up the process of getting a refund. If the bond poster is located out of state and special arrangements are required, please contact the Clerk’s Office at 937-296-2461.
As mentioned earlier, if a 10% bond is posted, a court cost of 10% of the total amount posted will be collected by the Court (even if the defendant is found not guilty). For example, a $2,000/or 10% bond requirement on a criminal case will require you to post $200 bond, plus a $54 state-required fee – totaling $254. Once the case is over, a $20 cost (10% of $200) will be charged to the case from the amount of bond posted, along with the $25 state-required bond surcharge fee mentioned above for anything other than a non-guilty or dismissed finding.
PLEASE NOTE: Bond will be refunded ONLY to the person who posts the bond. ALL BOND MONEY, NO MATTER WHO POSTS IT, shall be held by the Court until final disposition of the case or until the Court orders. For example, if a violation, such as a probation violation, occurs causing the defendant to be arrested after the case has a finding, the bond poster will have to wait to receive their bond money back until after the defendant complies with the judge’s order.
Forfeiting Bond
If a defendant fails to appear in Court, it is possible that the judge may choose to forfeit the posted bond – meaning the bond poster will not get their money back. In these cases, if you posted the bond for yourself, it will typically be forfeited immediately and you will receive a letter notifying you of the forfeiture. If you posted bond for someone else and they fail to appear, you will receive a notice alerting you that you have 45 days to bring the defendant before the judge or your bond will be forfeited.
If you posted a 10% bond and the defendant fails to appear, you will be responsible for the full sum of the original bond. For example, on a $2,000 bond where a 10% bond is allowed, you would have posted $200 + bond surcharge and state fees. If the defendant fails to appear, you would be responsible for paying the remaining $1,800 of the bond if you cannot get the defendant to appear within the specified time period.
In addition to forfeiting bond, the Court may issue a warrant to the Police Department ordering the defendant to be arrested and brought into the Court.