April 23, 2026 | Criminal Procedure
Many people think jail is only for those who have already been convicted of a crime, but in Indiana, that isn’t always true. A defendant can be held in jail while a trial is pending. How long you stay locked up depends on several things, and it’s not the same in every case.
The decisions about bail, what type of charges you face, and scheduling or delays in court all impact how much time you could spend behind bars. Knowing what determines these wait times can help you understand your legal rights.
What Determines If You Receive Bail and How Much It Is?
Whether you receive bail in Indiana and how much you have to pay depends on several details that the judge examines carefully at your first hearing.
Seriousness of the Charge
Being accused of a serious offense like a felony, a violent crime, or an offense involving weapons almost always leads to higher bail amounts or could mean you aren’t given the chance to pay bail at all. If this is the case, you could have to stay in jail while your case is pending.
Criminal History
If you have a long track record of criminal behavior, missed court dates, or past issues following bail conditions, the judge is more likely to set a high bail or refuse to set it altogether.
If it’s your first offense, you’re much more likely to be given a low bail or possibly be released without having to pay anything at all.
Flight Risk/Ties to The Community
Judges don’t want people accused of crimes to disappear while their case is ongoing. If you have roots in the city, like a home you own, a job, or family and friends, you’re much more likely to be released on a reasonable bail amount because this generally makes it more likely that you won’t flee.
Danger to the Public
If the judge feels you’re an ongoing threat to others, your chances of an affordable bail amount (or even getting bail at all) are typically low.
No two bail decisions are the same, even when the charges are identical. This is because a person’s history and their personal situation often play a significant role in a judge’s decision.
So, How Long Can You Actually Be Held in Jail?
How long you can actually be held in jail before your trial in Indiana can change based on the way your case moves through the system and whether you meet the court’s conditions for release.
No Set Time Limit
There isn’t a universal time limit for holding someone before a trial in Indiana. After your first court appearance, you might remain in jail until your case is resolved or you satisfy the court’s requirements for release, like posting bail or agreeing to special terms.
Speedy Trial Requirements
Indiana statutes, as well as both the state and federal constitutions, guarantee your right to a “speedy trial,” aimed at protecting you from long, unnecessary delays in your case. In most cases, the law requires the defendant to be brought to trial within the ninety-day period; otherwise, the criminal charges could be dismissed upon request.
If your criminal defense lawyer in Indianapolis, IN, files a motion for an early trial, most of the time the trial must begin within 70 days of the request.
Reasons You May Wait Longer
Even with these rights, setbacks, violations, or other issues can sometimes extend your wait time. Indiana law defines the circumstances under which time may be continued and requires the court to state on the record whether the delay is excluded from the time period due to the defendant’s act, court congestion, or an emergency.
Court backlogs, for example, when too many cases compete for courtroom time or when complicated charges require lengthy evidence review, can lead to longer wait times that may not violate the speedy trial rules. Matters outside your lawyer’s control, like expert witness availability, emergencies, and holiday court closings, can also cause unplanned delays.
This means people can and often do spend significantly longer than 70 days in custody before a trial occurs. Realistically, you could wait many months, sometimes even a year or more, in jail before your case is resolved.
Contact Suhre & Associates DUI and Criminal Defense Lawyers to Schedule a Free Consultation With Our Indianapolis Criminal Defense Lawyers Today
While Indiana courts try to avoid excessive wait times, knowing your release options and tracking court deadlines with your attorney can minimize how long you spend in jail before your conviction.
At Suhre & Associates DUI and Criminal Defense Lawyers, our attorneys have 100+ years of combined experience and are ready to put that experience to work for you.
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (317) 759-2599 or visit us at our Indianapolis law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Indianapolis
101 W Ohio St #2000,
Indianapolis, In 46204
(317) 759-2599
