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Home > How to Post Bail in Indiana: 5 Things to Know

How to Post Bail in Indiana: 5 Things to Know

One of the first questions about posting bail in the state is how long defendants typically wait in jail before getting released. In Indiana, there are two situations in which a defendant will be required to wait even if all of the paperwork relating to the arrest and bail have been completed. Under the state’s Criminal Code, anyone arrested for domestic violence must be held for 8 hours before being released on bail – a so-called cooling off period. Also, defendants booked with drunk driving are held for several hours to make sure they are no longer impaired. If you are arrested and need to post bail in Indiana, here are 5 things you should know.

 

  1. 7 Ways to Get Out of Jail


Own recognizance – This involves a defendant signing a contract and agreeing to return for all court appearances. No bail is set and no security is required. This is commonly used for non-violent misdemeanor crimes. An OR release is also more common in counties where jail overcrowding is an issue.

Cash bond – A defendant who has enough money in cash, or who can get enough money to pay the entire bail amount from a co-signor, can post bail without the assistance of a bail bond agent. The advantage of a cash bond is there is no premium paid to a bail bond company.

Surety bond – A defendant without enough cash to pay the entire amount of bail often will turn to a surety bond. With the assistance of a bail bond agent, the defendant – often with the help of a co-signor – pays only 10 percent of the bail amount to the bail bond agent. The agent guarantees the entire amount of the bond to the court and the 10 percent premium is non-refundable.

XC bond – This type of bond is a mix of the surety and cash bonds. The court can decide to split the two types of bonds in a number of different ways. For example, the judge could order  a $500 cash bond and a $5K surety bond.

XR bond – This is another hybrid bond and is a combination of the Personal Recognizance bond a the Surety Bond. The court may split up a $10,000 bail and order that $5,000 by through a PR bond and the other $5,000 through a Surety bond. This type of bond involves family members or friends and generally makes it more likely that the defendant will show up for court appearances because of the involvement of people he or she knows.

PR bond – While a Personal Recognizance bond is a way to get out of jail without posting bail in many states, Indiana has a different twist on a PR Bond. The court will not allow the bond to be posted by a bail bond agent. The goal is for the defendant to involve family members or friends to come up with the 10 percent. The family members and friends are then motivated to ensure the defendant shows up for all scheduled court appearances.

Property bond – This is not commonly used except in cases in which the bail amount if quite high. The defendant, or a co-signor, has a lien placed on property – such as a home or car. A lien in favor of the court is recorded in the county in which the property is located. There is considerable paperwork required to prove the value of the property and ownership by the defendant or co-signor.

  1. How to Get Bail


In Indiana, most counties have a bail schedule – at least for a majority of misdemeanors and non-violent felony crimes. Once the defendant has been processed into jail, it’s possible to post bail through a sheriff or clerk’s office without attending an initial hearing. If a defendant doesn't have enough cash to pay for bail, he or she can call a bail bond agent or family member or friend from jail for help.

  1. What Will Bail Cost


The only cost for a cash bond is the court fees and administrative costs that are subtracted from the amount of cash posted before it is returned to the defendant or a co-signor. For a surety bond, bail bond agents are allowed to charge only a 10 percent premium under Indiana law. If bail is set at $50,000, for example, the premium paid to a bail bond agent is $5,000. In some cases, the bail bond agent will also request collateral from a defendant. That collateral is returned as long as the defendant shows up for all court appearances.

  1. How Long Will I Stay in Jail


The length of time spent in jail often depends on the time of the arrest and the crime involved. An arrest during working hours for a misdemeanor – or any crime that has a preset bail amount – can mean only a few hours in jail. A more serious crime requires an initial hearing. That’s when bail will be determined by a judge. That can involve a wait of 24 hours, while a defendant arrested late at night often will require a wait until the next morning for the defendant to contact family members and/or a bail bond agent. 

  1. What if I Miss a Court Appearance


There are both monetary and criminal consequences of not showing up in court while out on bail. If a defendant or co-signor posted a cash bond, the entire amount of forfeited to the court. If a bail bond agent was hired, the court demands the entire bail amount from the agent who usually hires a bounty hunter to locate and bring the defendant back to jail. The bail bond agent has up to 1 year to prove there was a legitimate reason that the defendant failed to appear in court and recover the 90 percent of the bail paid to court officials. On the criminal side, a warrant for the separate crime of failure to appear, along with a warrant for the original offense that brought the defendant to jail, will be issued by the court.

This article is for informational purposes only. If you need legal advice you should visit an attorney.

 

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

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