Montgomery County Jail Inmate Bail & Bonds
Montgomery County bail and bond: the Dayton jail, video arraignment, and the court buildings downtown
People arrested in Dayton and across Montgomery County are held in the Montgomery County Jail, 345 West Second Street, Dayton, OH 45422, which the Sheriff's Office runs. The jail line is 937-225-4357. Start with Montgomery County Inmate Search to see whether a booking is complete and what bail has been set. Many first hearings happen by video from the jail, so a family member often sees a judge without leaving the building. Bond is paid to the court that has the case, and each court has its own clerk.
1. Where do Dayton police take an adult after an arrest?
To the Montgomery County Jail at 345 West Second Street. The Sheriff's Office operates it, and the same office provides security at the county court buildings downtown.
When a suburban department makes the arrest, ask it for the report number, then check Montgomery County Inmate Search. Kettering, Miamisburg and Vandalia cases are arraigned by video from this same jail.
2. How do I tell whether my brother is inside right now?
Type his name into Montgomery County Inmate Search. It shows the booking, the charges and any bail amount once staff have entered them. A brand-new arrest may take some time to appear.
Call the jail at 937-225-4357 when the search shows nothing, and give his full name and date of birth.
3. What is video arraignment, and why does it matter for bail?
The Sheriff's Office runs a video courtroom from the jail. A defendant appears on screen before judges from Vandalia Municipal Court, Miamisburg Municipal Court, Kettering Municipal Court, the Montgomery County Area #1 and Area #2 Courts, and the Common Pleas Court.
The judge decides bail during that appearance. Because nobody travels to the courthouse, the hearing can happen quickly, so have the family's information about job and home ready for the first call to the court.
4. Where do I pay a bond in a Dayton Municipal Court case?
Dayton Municipal Court is at 301 West Third Street, Dayton, OH 45402, in the Dayton-Montgomery County Court Building. Call the criminal office at 937-333-4315. Traffic matters go to 937-333-4310.
The clerk's office takes filings and payments from 8:00 a.m. to 4:30 p.m. on weekdays, except holidays. Ask the clerk for the amount, the forms of payment and how the jail will be told.
5. What if the case is in Kettering, Miamisburg, Vandalia or another suburb?
Each of those cities has its own municipal court and its own clerk. The bond is paid to the court that holds the case, so that clerk is the one to call about the amount and how payment reaches the jail.
If the paperwork does not name a court, call the jail at 937-225-4357 and ask which court issued the charge before you drive anywhere.
6. Where are felony bonds handled in Dayton?
Felonies are handled by the Common Pleas Court, and its clerk is the Clerk of Courts at 41 North Perry Street, Dayton, OH 45422, phone 937-496-7623.
A grand jury indictment or a bind-over from a municipal court puts the case there. Ask the clerk for the amount and the payment steps.
7. What should I expect when I walk into the court buildings?
Sheriff's deputies secure ten county buildings, among them the Dayton-Montgomery County Court Building, the Common Pleas Court Building and the Family Court Center. Everyone passes through a metal detector, and bags go through an x-ray machine.
The buildings are open from 8:00 a.m. to 5:00 p.m., Monday through Friday. Leave anything sharp in the car and plan extra time at the door.
8. Can I use a credit card for bail?
Every Ohio municipal and county court must adopt a rule that allows bail by credit card. Ask the clerk of the court that has the case how that court handles it and whether it adds a fee.
Money deposited to a jail account for phone calls or store items is separate and never counts as bail.
9. How soon is the first bail hearing in Dayton?
Ohio sets the first bail hearing no later than the second court day after the arrest, and weekends and holidays are not court days. A person still held without a lawyer gets a second hearing two court days afterward, and the court appoints counsel at state expense when the person is indigent.
With video arraignment the first appearance often happens inside the jail.
10. Is the amount set from a schedule or by a judge?
For misdemeanors, a court may use a bail schedule so a person can leave before the first hearing. The schedule must be reviewed every two years. For felonies, only a judge or magistrate sets the amount.
At a hearing, the judge weighs the seriousness of the charge, the evidence, prior record, work, family ties and past court appearances, and the Constitution adds public safety.
11. Which kinds of bond can a Dayton-area court take?
An unsecured bond, a bond with a 10 percent cash deposit, a surety bond through a licensed agent, a bond secured by real estate or securities, or a cash deposit in the full amount. The person posting chooses among the forms the law allows.
The financial terms must be the least costly that still assure the person comes back.
12. How much of a 10 percent deposit comes back?
Ninety percent, once every condition of the bond is met. Ask the clerk to explain each line on your receipt, including any fee that is not part of the deposit.
If a friend paid the deposit, the court needs that friend's express approval before it can apply any of it to the defendant's fines or costs.
13. How do I choose a licensed bail agent in the Dayton area?
Only a surety bail bond agent licensed by the Ohio Department of Insurance may write a bond. The agent charges the premium rate on file with the state and discloses any expense fee.
Agents cannot demand title to your home and cannot approach families at the jail or courthouse. Rate questions can go to the Department of Insurance at 614-644-2665.
14. Can my house help pay for a release?
Yes. A bond may be secured by real estate if the owner signs an affidavit describing the property, the debts against it and other bonds already supported, and the court is satisfied the owner can cover the bond. Ohio does not let an attorney serve as surety.
Ask the clerk of the court that has the case for its forms. Cash or an agent is faster.
15. Why does the screen say "no bond"?
The judge may not have set one yet. The Ohio Constitution lets a court deny bail only for a capital offense, or for a felony where the proof is evident and the person poses a substantial risk of serious physical harm to a person or the community.
The court must hold a hearing first under Ohio Revised Code 2937.222, and the state must prove its case by clear and convincing evidence. A lawyer can attend with the defendant.
16. Where does a child go if Dayton police arrest a teenager?
The Montgomery County Juvenile Court is at 380 West Second Street, Dayton, OH 45422, phone 937-496-7908. Its Intervention Center runs intake, screening and assessment every hour of every day, and the court offers detention services for youth before and after a ruling.
The office is open weekdays from 8:30 a.m. to 4:30 p.m. The adult search does not show children.
17. Who is the lawyer if we cannot hire one?
The Montgomery County Public Defender is at 117 South Main Street, 4th Floor, Reibold Building, Dayton, OH 45422. Call 937-225-4652.
At the first hearing, tell the judge you cannot afford a lawyer and the court will review the request. A lawyer can argue for a lower bond or release without money.
18. What if he misses court after leaving the jail?
The court can issue a warrant, forfeit the bond, and punish the failure to appear as a separate offense. Someone who posted the money for another person can protect it by returning the defendant before the date.
Call the clerk of that court the same day.
19. How do I avoid being cheated while I scramble for money?
Deputies and clerks never ask for gift cards, wire transfers or payment apps. Use only the numbers printed on this page.
If a caller says to pay within minutes or he stays locked up, hang up and phone the jail at 937-225-4357.
Montgomery County bail contacts
- Jail
- Montgomery County Jail, 345 West Second Street, Dayton, OH 45422; 937-225-4357
- Custody lookup
- Montgomery County Inmate Search
- Bond guide
- Montgomery County bail and bond instructions
- Dayton Municipal Court
- 301 West Third Street, Dayton, OH 45402; criminal 937-333-4315; traffic 937-333-4310; clerk 8:00 a.m. to 4:30 p.m. weekdays
- Clerk of Courts
- 41 North Perry Street, Dayton, OH 45422; 937-496-7623
- Court buildings
- Open 8:00 a.m. to 5:00 p.m. weekdays; metal detectors at every entrance
- Public defender
- 117 South Main Street, 4th Floor, Dayton, OH 45422; 937-225-4652
- Juvenile Court
- 380 West Second Street, Dayton, OH 45422; 937-496-7908
- Insurance
- Ohio Department of Insurance, 614-644-2665
Hours, fees, amounts and phone numbers change, so confirm with the court clerk before you send money. This guide explains how Ohio bail works and is not legal advice.
Paying an Inmate's Bail or Bond in Montgomery County
The Montgomery County Sheriff recommends that you might want to use a bail bond agent licensed to do business in Montgomery County.
However if you don't want to use a bail bond agent:
- You can always pay a cash bond yourself, or use your home in Montgomery County, or in some cases the state of Ohio, but the benefit of using a bail bond agent is that they take responsibility for making sure the inmate shows up for court in Montgomery County, and if they don't, then they take the financial responsibility.
- The typical fee for a bond in Ohio is between 10-20% of the bail amount; usually 15% or less. So if an offender has a bail of $10,000.00, their bond will be $1,500.00.
- Pay by cash, cashier's check, money order or credit card at the Montgomery County Jail, or the courthouse in Montgomery County where the offense took place.
Call 937-225-4160 to find out the exact bond (plus other fees) amount, or look it up online by looking up the information on the Montgomery County inmate locator.
Montgomery County Jail
Address:
330 W. Second Street
Dayton, OH 45422
Phone:
937-225-4160
Frequently Asked Questions about Bail and Bonds in Montgomery County
Does Montgomery County have bail?
What kind of bonds are accepted in Montgomery County?
Who can set bail in Montgomery County?
When is bail set in Montgomery County Ohio?
Does Montgomery County have bail?
Yes, Montgomery County recognizes most types of bonds.
What kind of bonds are accepted in Montgomery County?
Bail in Montgomery County is available in several different types including personal bond (aka own recognizance), cash bond, 10% bond, surety bond, and property bond.
Who can set bail in Montgomery County?
A judge usually sets bond. In some counties the County Court has established a bail schedule, which outlines the bail for many non-violent or minor crimes. If a charge is not part of the bail schedule a hearing will be necessary.
When is bail set in Montgomery County Ohio?
Bail is set in Ohio the first time the accused is brought into court. Although this hearing is set as soon as possible based on court availability, it can take up to 3 days not including weekends or holidays.
What is Bail?
Bail is what the arrested in Montgomery County must pay or do to stay out of jail until the first court appearance.
The agreement to bail acts as a promise that the arrested will return to court for court dates and trial. Bail usually refers to a dollar amount, but bail can also mean something that has to be done, or a condition such as reporting to an officer of the court, a curfew, restraining orders or attending a treatment program.
Bail is usually a significant enough amount of money and/or condition that the person will be negatively impacted and has incentive to return to court and not flee. A flight risk usually means that the person would flee the area, and not necessary that they are going to take an airplane.
If a judge in Montgomery County feels that the arrested will return to court for further proceedings, the arrested could be released under a conditional release without needing to pay bail money. This is called Released on Own Recognizance, or ROR.
Conditions for ROR might be to obey all court orders and laws, maintain contact with the lawyer, report changes in residence or have no contact with the victim. Family support will show the court that there are people who will make sure that the defendant makes it to court.
If the judge or bail schedule determines that the defendant would be a danger to the public if they were released, bail can be denied, and the person will be detained in the Montgomery County Jail until the case is resolved or goes to trial.
Bail can be denied if the defendant did not comply with bail conditions from a previous arrest. Bail is usually denied in cases of violent offenses.
What is the difference between Bail and Bond?
Bail and bond are used interchangeably to mean the same thing but technically, they are different. The bail is the amount to be paid and a bond is a signed document promising payment of the bail amount with certain conditions. Think of a bond as a loan to pay for the bail.
The bond payment is always written to the court in your municipality, Montgomery County or district directly and does not go through the defendant. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
The thought of being in jail can cause the arrested to panic and try to secure a bond immediately.
DO NOT panic and take the time to understand all the options.
More courts are now trying to work with defendants to make bail work and might provide non-monetary options or even reduce the bail.
Payments to a bond company are not refundable. It is a long process to get back property title or money that was given to the clerk of court or bondsperson to secure the bond. This could put your loved ones into a difficult financial situation.
Another reason not to unnecessarily rush into securing a bond is that if the court notes that you came up with the money to pay a bond company, they may assume you have resources to pay a defense attorney and decline public defense.
On the other hand, as anyone who has ever been involved in their criminal defense understands, fighting your case while ‘out on the streets’ gives you a much better chance of either winning, or getting a more favorable sentence.
What are the different types of bonds in Montgomery County?
Based on a review of information from the arrest, the judge or bail officer will determine and notify the accused of which types of bonds are available to them.
To describe the types of bonds, let’s use an example of buying your neighbor’s car. Your neighbor decides the price of the car and how they would be paid.
Similarly, the court (meaning a police or bail officer, clerk of court, bail magistrate or judge) determines the bail amount and how it would be paid.
Here are different options that the seller of the car or the court might consider:
You could pay full asking price for the car in cash. This is similar to paying cash bail. The full amount of bail would be paid to the town or county clerk or at the jail. Cash, cashier’s checks and credit cards are usually accepted.
You could sign an agreement on your own or with another person to pay for the car at a future date knowing that your neighbor would know where to find you if you stopped payment. This would be similar to a cash bond or a personal recognizance (PR) bond which are bonds to where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible for making sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up.
Surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
You can put a deposit down for your neighbor’s car and sign an agreement that the car will be paid off at a later date. Cash percentage in lieu of bonds is when the defendant pays a percentage of the bail amount, usually 10%, to the court which then holds the money until the case is over.
The amount is returned to the person who paid the 10% after the case is over. In most cases, the full amount is not returned if there are court fees or fines due. This is a type of surety bond if another person signs the bond paperwork.
You could sign an agreement that if the car were not paid off, that your neighbor would get your house or something of value.
A property bond is a bond that the courts might consider in which the bond is pledged in land or home real estate (mobile homes are not accepted).
Usually, the property must be in the same state as the courts, and it must be worth at least 1 ½ - 2 times the amount of the bond.
There are multiple court fees involved to execute a property bond with the courts and a tedious process to get the property deed back. This is another type of surety bond if another person or a bond company is used to secure the bond.
You could also go to a local bank and take out a car loan offering property or anything of value for collateral. You may get someone to co-sign on the loan and offer their property. The bank charges fees, interest and could keep your property if you did not pay the loan back, or even on time.
A professional bondsperson makes money, at least 10% of the bond amount by providing you with a “loan” called a bond. The percent that they charge is fixed by the state and cannot be negotiated. The defendant or surety does not get that 10% or more back even if the terms of the bail are met.
With a property bond, the property deed would need to be signed over to the bondsperson and everyone on the deed would need to be involved.
Since the bondsperson signed off, to be responsible that you show to court as your surety, they can send a bounty hunter to bring you to court if you flee. A bondsperson does not have to give you a bond if the defendant seems to be too much of a risk.
Ask the bondsperson to explain all the costs: percentage, fees or court fees. There is never a reason to rush through signing the paperwork with a bond company. Make sure that everything told to you is in writing and that you understand what you are signing. Ask questions, and if you feel rushed or don’t understand the contract with the bond company, you might want to call another one.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsperson will not call asking for money without involvement of the arrested.)
Does Montgomery County have bail?
Yes, Montgomery County recognizes most types of bonds.
What kind of bonds are accepted in Montgomery County?
Bail in Montgomery County is available in several different types including personal bond (aka own recognizance), cash bond, 10% bond, surety bond, and property bond.
Who can set bail in Montgomery County?
A judge usually sets bond. In some counties the County Court has established a bail schedule, which outlines the bail for many non-violent or minor crimes. If a charge is not part of the bail schedule a hearing will be necessary.
When is bail set in Ohio?
Bail is set in Ohio the first time the accused is brought into court. Although this hearing is set as soon as possible based on court availability, it can take up to 3 days not including weekends or holidays.
Can I get the bail or bond reduced in Montgomery County Ohio?
Yes, if there are extenuating circumstances, let the judicial officer know. The accused can ask for bail reduction or a change in bail conditions.
In Montgomery County Ohio, who can pay bail for me?
The person posting bail should be a relative or close friend, called a surety, because they are promising and taking responsibility that you will return to court to get their money back.
A surety is not responsible for court fees or paying off personal debts for the defendant. A professional bondsperson who is approved by the State of Ohio could be the surety and execute a bond to the court on your behalf.
Can bail be paid online in Montgomery County Ohio?
Yes, Montgomery County does offer online bail payment. In Ohio, bail payment is made to the Clerk of Court.
What options are there to pay bail in Montgomery County Ohio?
Most all jail and courts accept cash, a cashier or bankers’ check. Some accept a credit card with fees. Please contact the jail for specific information on what methods of payment are accepted: Go to the Montgomery County Jail for more information about posting bail in Montgomery County. An alternative would be to contact the Clerk of Court.
Will I get all my bond money back in Ohio?
Bail money is returned to the person who paid the bail; in whole or in part once the case is finished. There may be fees, restitution (money to pay for damage caused by the crime) or fines that come out of that amount. If you used a bondsperson, you would not get your 10% back. Property is returned by the court or bondsperson after the appropriate requests and formal paperwork are completed with the court.
Can I get bail or a bond with no money down in Montgomery County?
The judge or officer who sets bail determines which kind of bail will be an option for you, but a cash bond and PR bonds usually do not require cash down, though you might have to pay court fees.
A cash bond or a personal recognizance (PR) bond are bonds where someone representing the defendant signs paperwork promising to pay the bail amount if the defendant does not show up to court. There is no money due up front.
If the defendant does not show up, the full amount of the bail will be due to the court and the people who signed the paperwork will be responsible for paying the court and the court will send the sheriff’s department to arrest you.
Cash bonds and PR bonds are types of unsecured bonds because you are not securing it with any money down. In bond terms, a surety is a person who will be responsible to make sure that you will show to court and will be responsible to pay the bond if the arrested person does not show up. A surety can be family, friend or a bondsperson. Your attorney cannot act as a surety.
What are the least expensive and affordable bail bonds in Ohio?
The Montgomery County Jail or court in this jurisdiction can provide you with a list of approved and licensed bond companies, but they cannot recommend a specific company. You are not obligated to use the first company available and can call several companies to compare what kind of bonds that the bondsperson is willing to execute.
The percentage of bail that the bond company can charge is set, usually at 10%, by the state and cannot be negotiated.