How Does Bail Work in Evansville, Indiana?

After you were arrested for a crime in Indiana, the court may decide to release you on bail while awaiting trial. In determining the eligibility for release on bail, and the bail amount, an experienced Evansville criminal defense attorney is a valuable ally in your case.

Here is how the bail system works in our state.

What Exactly Is Bail?

Bail is an amount of money a person charged with a crime must post to ensure:

  • The person’s appearance in court
  • Another person’s physical safety
  • The safety of the community

After the resolution of the trial, the person may recover the bail, less any amount representing court fees, fines or restitution.

Not every person charged with a criminal offense is eligible to be released on bail. According to the Bill of Rights of Indiana, persons charged with murder or treason are not eligible to be released on bail if the presumption is strong or the proof is evident.

How Is the Bail Amount Determined?

Indiana courts examine a wide range of factors in order to determine an adequate amount of bail. Some of these factors are:

  • The length of the defendant’s residence in the community
  • The defendant’s employment status
  • Their family ties and character in the local community
  • Their criminal and juvenile record
  • The nature and severity of the offense
  • Any evidence of instability or disdain for the authority

The court will also analyze the source of funds or type of property used to post bail. They will determine if they represent a sufficient proportion of their total asset to deter them from fleeing.

Types of Bails Used in Indiana

In Indiana, courts use several types of bail, depending on the severity of the charge and the other factors discussed above. These types of bail are:

1. Own Recognizance

An Evansville criminal defense lawyer will ask the court to release you on your own recognizance if you have no criminal record or your offense is minor. This means that you do not have to post bail.

You will be released from jail without any formalities and given a court date when your trial begins. If you fail to appear, you will be arrested again and spend the entire duration of the trial in jail.

in some cases, you may be released from jail on your own recognizance

2. Cash Bond

You will post a cash bond directly with the court. The amount will be determined by the court and must be paid in full. You may recover the bail amount at the end of the trial, if you are not ordered to pay restitution, fines or fees.

3. Surety Bond

In some cases, the court may determine that you must post a surety bond. In this situation, you must contact a licensed bail bondsman. You will pay the bondsman 10% of the bail amount, and they will post the entire amount ordered by court on your behalf.

In this situation, you will not recover the bondsman’s fee at the end of the trial, even if the charges are dropped or you are found not guilty.

4. XC Split Bond

This type of bail consists of a portion representing cash bond and a surety bond. In this case, you will only recover the part of the bail you posted in cash with the court.

5. Percent Bond

Percent bonds represent 10% of the total bail amount. You or anyone else will post you directly to the court in cash. If you fail to appear at your trial, the court will enforce the entire bail amount. Also, you may recover the percentage bond only if you are not ordered to pay restitution, fees, or fines.

6. XR Split Bond

The XR bond is a combination of the surety bond and percentage bond. You will pay 10% of the bail to the court, and hire a bail bondsman to post the remainder of the bail, by paying them a non-refundable 10% fee of the bail.

7. Property Bond

Property bonds are ordered when the bail amount is very high (in the range of tens of thousands of dollars). In this case, a lien will be placed on a real estate property. If you fail to appear at the trial, the court may execute the lien, meaning that you will lose the real estate property.

Let an Experienced Evansville Criminal Defense Attorney Help You Get Bail!

A release on bail makes all the difference, as you prepare your defense in the upcoming criminal trial. However, you need to be aware that you are not eligible by default for bail and that the amount can be very high.

With a reliable Evansville criminal defense attorney by your side, you will get the most favorable type of bail and amount. You can trust Verdelski Miller, a seasoned lawyer with over 30 years of experience and over 85 jury trials.

Call us as soon as possible after being charged to schedule a free case evaluation: 812-247-6453!

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