After being taken into police custody, you will need to be arraigned. During arraignment, you will enter your plea of guilty, not guilty, or no contest. If you plead not guilty, your future trial date will be set. The judge will also need to determine whether bail should be granted and, if so, how much your bail should be.
Before you and your criminal defense lawyer can start working on your defense strategy, you need to find out if you can secure your release on bail. Understanding the bail and bond process in Indiana is the first step if you hope to get home to your family sooner. Here is more about how bail is determined, how to post your bond, and your responsibilities once you have been released on bail.
Overview of the Indiana Bail and Bond Process
Whether facing charges for violent crimes or white-collar crimes, after you are arrested and go through the booking process at the local police department, you will have your initial hearing. During the hearing, the judge will consider various factors to determine how much your bail amount should be set. In some cases, the judge may deny bail altogether.
This occurs most often when the judge has reason to believe that the defendant may not appear at their next court date, the criminal charges are especially serious or violent, or the defendant has an extensive criminal record.
How Bail is Determined
The bail statute in Indiana, under Indiana Code 35-33-8-4(b), states that the bond must:
“not be set higher than that amount reasonably required to assure the defendant’s appearance in court or to assure the physical safety of another person or the community if the court finds by clear and convincing evidence that the defendant poses a risk to the physical safety of another person or the community.”
Some of the factors the judge may take into account when determining bail include:
- Whether you have a juvenile or criminal record
- Your employment history
- How long you have lived in your community
- Your income and expenses
- Your family ties
- How you will post bail
- Whether you have a record of failing to appear at court dates
- The nature of the charges against you
How to Post Bail
If bail is granted, but you cannot afford the cost, you may be able to petition for a reduction under Indiana Code 35-33-8-5. If you opted for a surety bond, there is generally a 10% nonrefundable premium you must pay in exchange for posting bail. If you are opting for a cash bail, you or your family members must be prepared to pay the full amount. This can be paid at the appropriate court office or through a licensed Indiana bail bondsman.
Conditions of Bail in Indiana
If the court agrees to release you on bail, there are specific conditions you must meet or your bail could be revoked. For instance, you may be prohibited from leaving the state or country while you are out on bail. Additionally, if the crime you are accused of committing involves domestic violence or harassment, the court may impose a no-contact order, or a civil protection order, as described under Indiana Code 34-26-5, which you will be expected to follow.
You will be prohibited from using drugs or alcohol, especially if you are accused of committing a crime involving illegal drugs or substance abuse. Depending on the circumstances of your case, the court even has the authority to impose a curfew. These are just a few of the conditions you will need to meet if you hope to remain out of jail while your case moves through the criminal justice system. If you fail to uphold these conditions, your bail could be revoked, and a warrant could be issued for your arrest.