Bail After an Arrest

Every offense is bailable except murder, where the state proves by a preponderance of the evidence that the proof is evident or the presumption strong.

• §IC 35-33-8-2StatuteMurder; other offensesOpens iga.in.gov ↗

Bail may not be set higher than reasonably needed to assure the defendant's appearance, or the physical safety of another person or the community where the court finds a risk by clear and convincing evidence. The judicial officer weighs ties to the community, work and the ability to pay, family, character and mental condition, the record, past missed appearances, the nature of the offense and the penalty faced, and where the bail money comes from.

• §IC 35-33-8-4StatuteAmount of bail; order; indorsement; facts taken into accountOpens iga.in.gov ↗

A court admitting a defendant to bail may impose conditions such as these.

• A bail bond with sureties, a cash or securities deposit for the full amount, or a real estate bond.
• A deposit with the clerk of not less than ten percent of the bail, with an agreement letting the court keep part of it for fines, costs, fees and restitution on a conviction.
• Release on personal recognizance, unless the state shows a risk of nonappearance or to public safety and the court finds it by a preponderance of the evidence.
• Restrictions on activities, movement and residence, a no contact order, supervision by a probation officer or pretrial services agency, or release into a supervising person's care.

• §IC 35-33-8-3.2StatutePretrial risk assessment; conditions to assure appearance; remittance of deposit; collection of feesOpens iga.in.gov ↗

From a ten percent deposit, the clerk may keep an administrative fee of the lesser of ten percent of the deposit or $50, plus a $5 fee, and within 30 days after the case ends the court orders what remains returned to whoever made the deposit.

• §IC 35-33-8-3.2StatutePretrial risk assessment; conditions to assure appearance; remittance of deposit; collection of feesOpens iga.in.gov ↗