When someone’s arrested for a crime, their most immediate concern is naturally: When can I get out of jail? For some offenses, a judge will order them released on their own recognizance. In many cases, however, the court has to set a bail amount.
Bail refers to a defendant’s conditional release and their promise to appear at subsequent court hearings. When someone is released on bail, they’re agreeing to show up in court to answer the charges made against them.
A bond is an amount of money that allows a defendant to be released from jail until their case is completed.
There are a number of bond types that a judge can order in Indiana.
Cash Bond
A cash bond can be posted by anyone. It must cover the total bail amount, and it’s refundable at the case’s conclusion if there are no fees, fines or restitution.
Example: If the judge orders a $500 cash bond, this requires someone to pay the full $500 to the court in order to post bail.
Surety Bond
With a surety bond, someone must pay a licensed bondsman 10 percent of the total bail amount. The bondsman will then post bail on the defendant’s behalf. This is non-refundable.
Example: If the judge orders a $1,000 surety bond, this requires someone to pay 10 percent ($100) to a licensed bondsman. The bondsman then posts bail.
XC Split Bond
An XC split bond is a combination of a cash and surety bond. In this arrangement, the cash portion is refundable at the case’s conclusion if there are no fees, fines, or restitution.
Example: If the judge orders an XC bond, where $500 is a cash bond and $1,000 is a surety bond, this requires that $500 in cash be paid to the court. A licensed bondsman must also post 10 percent of the surety bond ($100) in order for the defendant to make bail.
Percent / Personal Recognizance (PR) Bond
A percent bond is sometimes called a personal recognizance (PR) bond. This type of bond can be posted by anyone (no bondsman necessary), and it requires payment of 10 percent of the total bail amount. This is refundable at the case’s conclusion if there are no fees, fines, or restitution.
Example: If the judge orders a $1,000 percent bond, this requires someone to post 10 percent ($100) of the total bond amount.
XR Split Bond
An XR split bond is a combination of a surety and percent bond. The percent portion is refundable at the case’s conclusion if there are no fees, fines, or restitution.
Example: If the judge orders an XR bond, where $1,000 is a surety bond and $500 is a percent bond, this requires someone (anyone) to pay 10 percent of the percent bond ($50). A licensed bondsman must also post 10 percent of the surety bond ($100) in order for the defendant to make bail.
Make the Right Call
Getting arrested is stressful—not only for the accused, but for their family and friends as well. The attorneys at the Marc Lopez Law Firm practice criminal law every day, and they understand the importance of freedom. If you have a loved one stuck in jail, call the Marc Lopez Law Firm at 317-632-3642, and remember—always plead the 5th!
