How to Post Bail in Indiana
In Marion County, Indianapolis, Indiana, it may take anywhere from 8-24 hours for someone to be released from jail once bail is posted. Several years ago, the wait was even longer. If the person is arrested for a domestic violence case they may be held for at, minimum, 8 hours. Please see below.
§ 35-33-1-1.7. Mandatory hold on person arrested for domestic violence
|(a)||A facility having custody of a person arrested for a crime of domestic violence (as described in IC 35-31.5-2-78 ) shall keep the person in custody for at least eight (8) hours from the time of the arrest.|
|(b)||A person described in subsection (a) may not be released on bail until at least eight (8) hours from the time of the person’s arrest.|
Also, if the person is arrested for drunk driving they may be held to make sure they are no longer impaired before they are released.
1. 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 (Own Recognizance) also referred to as ROR (Released on Own Recognizance) release is also more common in counties where jail overcrowding is an issue, like Marion County. Although, more counties are moving towards pre-trial release programs.
2. Cash Bond- A cash bond is a bond that must be posted using the total amount of cash. Any person can post this type of bond. Once the case is resolved, a cash bond can be refunded if there are no fees, fines, and/or restitution owed.
Example: Judge orders a $500 cash bond, requiring a person to pay the full $500 to the court in order to post bail for another party.
3. Surety Bond– Surety bonds are 10% of the total bond ordered in a case and must be posted with a licensed bail agent. The bail agent then posts bail with the court on your behalf. This type of bond is not refundable.
Example: Judge orders a $1000 surety bond. A person would give 10% or $100 to a licensed bond agent. The bond agent then posts bail with the court on your behalf.
4. XC Bond – An XC bond is a combination of a cash and a surety bond. Once the case is resolved, the cash bond is refundable if there are no fines, fees, and/or restitution owed.
Example: Judge orders an XC bond, where $500 is a cash bond and $1000 is a surety bond. Any person can post the $500 cash bond, which must be paid in full. A licensed bond agent must post 10% of the surety bond, or $100.
5. Percent Bond – Similar to a surety bond, a percent bond requires a person to pay 10% of the total bond amount. However, a licensed bond agent is not required to post the bond – any person can do it. A percent bond, also called a PR bond, is refundable if there are no fees, fines and or restitution ordered once the case is resolved.
Example: Judge orders a $1000 percent bond. Any person, not necessarily a bondsman, can post 10% of the bond amount or $100.
6. XR Bond– An XR bond is a combination of a surety and a percent bond. Only the percent bond portion of an XR bond is refundable if there are no fines, fees, and/or restitution owed to any party once the case is resolved.
Example: Judge orders an XR bond, where $1000 is a surety bond and $500 is a percent bond. A licensed bond agent must post 10% of the surety bond amount, or $100. Any person, not necessarily a bond agent, must post 10% of the percent bond, or $50.
7. 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.
- How to Get Bail
In Indiana, most counties have a bail schedule. Recently the Indiana Supreme Court had a commission study bail release. They suggested counties use what is called, Indiana Risk Assessment System. Once the defendant has been processed into jail, it’s possible to post bail through a sheriff or clerk’s office before attending an initial hearing. If the person doesn’t have enough cash to pay for bail, he or she can call a bond agent or family or friend from jail for help. Also, an attorney can request a bond hearing. The attorney can request the court to establish bond, lower the bond or remove the bond completely.
2. 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, 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.
3. What happens if I Fail to Appear for Court
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 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 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.
If you need help for a bond hearing or after being released from jail, contact the Law Office of Mark Nicholson. We are an experienced law firm in helping clients get out of jail on pre-trial release.