How does bail work in Indiana?
1. Constitutional Framework
Ind. Const. art. I, § 17 grants bail right except murder/treason with proof evident. § 35-33-8-2 lists factors.
2. Cash, Surety, Property, OR Bonds
Section 35-33-8-3.2 permits ROR, surety bond, 10% cash deposit, and full cash bond. Property bonds allowed in some counties.
3. Bail Hearing
Ind. Code § 35-33-7-1 requires initial hearing within 48 hours of arrest.
4. Bail Schedules
Counties publish bail schedules; defendants may post per schedule without hearing.
5. Bail Bond Agent / Bondsman
Licensed under Ind. Code § 27-10-3-1 et seq.; 10% premium plus $50 administrative fee typical.
6. Conditions
Section 35-33-8-3.2(a) authorizes home detention, no-contact, GPS, and substance testing.
7. Bail Forfeiture
Section 27-10-2-12 governs forfeiture; surety has 365 days to produce defendant.
8. Bail Reduction
Section 35-33-8-5 allows modification motions.
9. Pretrial Release Programs
Counties operate pretrial services under Ind. R. Crim. P. 26 (risk-assessment-based).
This is legal information, not legal advice.
- Murder/treason charge with bail denial
- High bond despite risk-assessment recommendation
- Bond forfeiture proceeding
- Ind. Code §§ 35-33-8-1 to 35-33-8-11
- Ind. R. Crim. P. 26
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.