20 Jul Posting Bail in Indiana
Criminal Law Blog: Posting Bail in Indiana & Types of Bail Bonds
When someone is arrested by the police, the first question that usually comes up is how to get them out of jail. This criminal blog will discuss bail bonds in Indiana, questions concerning posting bail in Indiana and what the process looks like in most cases.
The Arrest and Initial Hearing
When a person is arrested by the police at the scene of alleged crime, they are typically taken to the local jail or processing center and booked in. Once this happens, the police report will be submitted to the prosecuting attorney to determine what, if any, charges will be filed. If charges are filed, the person will be scene by a judge or magistrate for an initial hearing, where the charges will be read and the bond will be set.
At this initial hearing, copies of the criminal charges will be given to the defendant, their rights will be reviewed, and the judge will set a bond or determine if they are eligible to be released.
Released on Your Own Recognizance (OR’d)
For someone who is charged with a minor offense or does not have any criminal history, the judge may determine that they can be released on their own recognizance, or OR’d. This means they are released without having to pay a cash bond or surety bond and are simply given a new date to return to court.
No Release and Bond is Set. Now What?
If the person arrested is not released and a bond is set, then in order for them to be released from custody, someone must post the bond for them. In most cases, either a cash bond or surety bond will be set by the judge.
CASH BOND: If a cash bond is set, for example a $500 cash bond, that means the entire $500 must be paid to the court clerk for the person to be released. The benefit of a cash bond is that once the case is resolved, the bond money can be used to cover court costs, if there are any, or the bond money can be released back to whomever paid it.
SURETY BOND: If a surety bond is set then the person posting bond must use a Bail Bondsman to post the bond. For example, if the court sets a $2500 surety bond, the person posting bond would pay around 10% of the amount to a bail bondsman, in this case $250. The bail bondsman then puts up a bond with the clerk for the balance. If the person disappears, the bondsman loses that money, so they have an incentive to keep track of the person. The downside to having to go through a bondsman is that the person posting the 10% of the bond does not get that money returned. It is a fee that the bail bondsman keeps.
Bond is Posted. What Happens Next?
Once the bond is posted, the clerk will notify the jail and the person being held will be processed out and released with their new court date. It is important to remember that even though they are released, they must still prepare to defend against the charges that were filed and appear at every court date that is scheduled. If the person fails to appear (FTAs is court speak) their bond can be revoked, the money lost, and they can be held without bond until the case is resolved.
What if We Can’t Afford to Post Bond?
If someone is arrested and a bond is set that neither they nor their family can afford to pay, an attorney can request a bond review hearing. At that hearing, evidence can be presented to the court to show that the person is not a flight risk and the attorney can ask that they be released without paying bond or that the bond amount be lowered.
Indianapolis Criminal Defense Attorneys
Chambers Law Office works with clients in Indianapolis and throughout central Indiana who have been arrested for criminal offenses. If you have questions about posting bond or requesting a bond review hearing, Chambers Law Office can help. Call 317-450-2971 to speak with an attorney.