When a loved one is arrested in Indiana, the process of getting them out of jail can be confusing and overwhelming. This guide aims to clarify the different types of bonds, the procedures involved, and what you can expect. It’s important to understand these concepts to navigate the system effectively and help your loved one return home as quickly as possible.
What is a Bond?
In Indiana, a bond is the amount of money that must be posted to get someone out of jail after being charged with a crime. The primary purpose of a bond is to ensure the person appears in court for all scheduled hearings. Judges set bond amounts, and the amount is not arbitrary, the Supreme Court of Indiana has ruled that bonds that are unreasonably high are not permissible. The court will often conduct a bond review to determine if a bond is too high or too low. Several factors are considered during a bond review including the defendant’s previous court appearances and their respect for the court. It is important to note that a bond can be increased or decreased during a review.
Types of Bonds in Indiana
Indiana uses several types of bonds, each with different implications for you and your loved one. Here’s a breakdown of the most common types:
- Own Recognizance (OR) Bond: This is the most favorable type of bond because it requires no money to be paid. Instead, the person is released on their promise to appear in court. An OR bond is typically granted for low-level offenses, especially for first-time offenders with no criminal history. It’s important to note that by accepting an OR bond, the defendant is also promising not to commit any new crimes. The court may also add additional requirements.
- Cash Bond: With a cash bond, the full amount must be paid to the court to secure release. This money can be paid by the defendant, a family member, or anyone willing to post the amount. The cash bond is fully refundable, at the conclusion of the case and after any fines or fees are deducted, as long as the defendant appears at all court hearings. The money is held by the court, and if the defendant fulfills their court obligations, the money will be returned to the person who paid it.
- Surety Bond: A surety bond involves hiring a bail bondsman. In this case, the defendant pays a percentage of the total bond amount to the bondsman, typically 10%. The bondsman then covers the remaining amount to secure the person’s release. The money paid to a bondsman is non-refundable. This type of bond is used to mitigate the financial risk to the court when defendants have a significant criminal history or are charged with a more serious offense. If the defendant fails to appear in court, the bondsman is responsible for ensuring they come back to court.
- Hybrid Bond (Cash and Surety): Some courts use a hybrid system, requiring a combination of cash and surety. The defendant must pay a portion of the bond as cash to the court and a percentage of the remaining amount to a bondsman. In this case, the cash portion is refundable (after deductions) while the payment to the bondsman is not.
- Personal Recognizance Bond: In this type of bond, friends or family agree to be responsible for making sure a defendant attends court, sometimes putting up a percentage of the bond amount. The amount can be paid in property or cash. This bond is meant to encourage the defendant to not “run from justice” knowing that they would financially hurt a friend or family member. These bonds can also be mixed with cash or surety.
How to Post Bail
The process for posting bail varies depending on the type of bond:
- OR Bond: No payment is required. The individual is released on their promise to appear in court.
- Cash Bond: You can typically pay the cash amount directly to the jail, which will then go through the City Clerk’s office. Be aware that the court may use some of the cash bond to pay fees.
- Surety Bond: You will need to contact a bail bondsman. They will require you to pay a percentage of the bond (usually 10%). Be aware that the money you pay to a bondsman is not refundable, and that bondsmen are not always reliable.
- Hybrid Bond: You will need to pay a portion of the bond in cash to the court and the other portion as a surety bond. You must work with a bail bondsman for the surety bond, and you will be required to pay their percentage.
- Personal Recognizance Bond: You will need to discuss this type of bond with the court, usually they will have you work with a family member or friend to post this bond, and the details will be determined by the court.
Conditions of Release
Keep in mind that even after posting bail, there may be other conditions of release. These conditions can include:
- Alcohol Monitoring: If the charges involve alcohol, the court may require you to use an alcohol monitoring device.
- GPS Monitoring: GPS tracking may be required to ensure you remain within certain geographic boundaries.
- Home Detention: You may be required to remain at home except for court appearances and other approved activities.
It is important to abide by the conditions of your release or you could lose the money you paid as bond and return to jail.
When Might a Bond Not Be Issued?
In some situations, a bond might not be issued immediately:
- Serious Crimes: For high-level offenses or domestic violence crimes, a person may have to wait until their initial hearing to be issued a bond. In domestic violence cases the defendant may have to wait in jail for 24 hours.
- Initial Hearing: Some jurisdictions will not set a bond until the defendant has appeared before a judge for the first time.
What Happens If You Fail to Appear in Court?
Failing to appear in court is a serious issue. If you do not appear, the judge may forfeit the bond, and you will not get the money back. Additionally, you will likely be subject to arrest.
Indiana’s Bail Pilot Program
Indiana is currently testing a bail pilot program in some counties. The program seeks to minimize or eliminate the need for bonds, particularly for first-time offenders with low-level charges,. Many judges feel that these individuals are not a flight risk and are more likely to show up for court because they have jobs, families, and community ties. In these cases, the defendant is often released on their own recognizance, or OR, bond.
Important Considerations
- Presumption of Innocence: Remember that everyone is presumed innocent until proven guilty in court. The purpose of bail is to ensure a person appears in court, not to punish them before trial.
- Bond Review: If you believe the initial bond amount is too high, you can request a bond review from the court. However, be aware that the bond can be increased during a review, particularly if the defendant has a significant criminal history.
- Legal Counsel: If you have questions about the bond process or are seeking a bond reduction, it is advisable to contact a lawyer who is experienced in criminal defense.
Make The Right Call
Navigating the bail and bond system in Indiana can be tricky. It is important to know the type of bonds that are available, how they work, and how to post them. Understanding the different types of bonds, the conditions of release, and the implications of failing to appear in court is crucial. By arming yourself with knowledge and seeking legal help when necessary, you can support your loved one through this challenging time and work toward a positive outcome. If you still have questions you can call the Marc Lopez Law Firm at 317-632-3642, and remember—always plead the Fifth!
