August 30, 2020 | Indiana Law
When someone is arrested, a top concern is how to get out of jail as quickly as possible. Posting bail allows a person to leave jail and remain out of jail pending the outcome of the criminal case. In Indiana, there are several ways to post bail.
How is Bail Decided in Indiana?
When police arrest a person, the person must go through booking at the jail. Once the police complete the booking process, it may be possible to post bail with the clerk’s office or through the sheriff’s office. Many Indiana counties have bail schedules used to determine bail without a court hearing.
If you committed a violent crime or have a criminal record, you may not be eligible for bail before a court hearing. You may need to attend a court hearing for a judge to determine whether you are entitled to bail. If so, the judge sets the terms of your release, the type of bail, the amount of bail, and any other terms of bail.
Types of Bail in Indiana
If you do not have a criminal record and your charge does not involve a violent crime, you might be released on your own recognizance. When a person is OR’d or released on their own recognizance (ROR), the person does not need to post bail or a bond. The person is given a court date and must appear at that court date or face jail again.
The court bases cash bonds on the severity of the crime and other circumstances. The court may refund the cash bond after the resolution of your case, unless the court orders that you must pay fees, fines, or restitution.
If the court orders that you must post a surety bond, you must use a licensed bail agent to post a surety bond. Typically, the bail agent charges you 10 percent of the bond amount to post a surety bond.
Therefore, if your bond amount is $5,000, you must pay the bail agent $500. The agent then posts a surety bond with the court to cover the full amount of your bail.
You do not receive the money back that you pay a bail bond agent. Even if the court drops the criminal charges or you are not guilty, the money paid to the bail bondsman is not refundable.
XC Split Bond
Sometimes a judge will order an XC split bond. With an XC split bond, you must post a cash bond with the court and a surety bond. You can receive a refund of the cash portion of the bond, but the bail bondsman keeps the 10 percent paid for the surety bond.
Percent bonds (PR bonds) are similar to surety bonds. You must pay 10 percent of the total bond amount, but you pay the amount to the court. Any person can pay the 10 percent bond to the court for you.
PR bonds can be refundable if the court does not order restitution, and you do not owe the court any fees or fines. However, if you do not appear in court, the person posting the PR bond may be ordered to pay the remaining amount owed on the bond.
XR Split Bond
The XR Split Bond combines a percent bond and a surety bond. You must pay a bail agent 10 percent of the surety bond, which is non-refundable, to post a surety bond for the full amount of that portion of the bond.
Someone else posts 10 percent of the personal bond with the court on your behalf. As with other personal bonds, that amount is refundable if you do not owe fees, fines, or restitution.
When bail amounts are very high, the court may allow a property bond to secure a person’s release from jail. A property bond is a lien on the person’s property or the property of a co-signer. Homes are typically used to secure property bonds.
If the person does not appear in court, the court can execute the lien on the property. In other words, if you flee, you can lose your property, and the person who co-signed the bond with you loses his or her property.
Can a Criminal Lawyer Help with Bail?
A criminal defense lawyer does not post bail for you. However, if you are still in jail and you have not received a bond hearing, your attorney can request a bond hearing.
At the bond hearing, your lawyer can argue why you should be released on your own recognizance. If an OR bond is not permitted, the lawyer can argue for bail in the lowest amount possible to make it more affordable for you to get out of jail as soon as possible.