Bail amounts in Marion Co, IN, not unlike other counties, uses a bail schedule for guidance in determining what amount of bail to apply to specific levels of criminal offenses. Pursuant to Indiana Local Rule LR49-CR00-108, proposed initial bail amounts are set according to the specific type and level of offense:
Murder No Bail
Class A Felony $50,000 Surety / Level 1 Felony $50,000 Surety / Level 2 Felony $50,000 Surety
Class B Felony $20,000 Surety / Level 3 Felony $20,000 Surety / Level 4 Felony $20,000 Surety
Class C Felony $7,500 Surety Level 5 Felony $7,500 Surety
Class D/Level 6 Felony – Own Recognizance (OR) up to $2,500 Surety, $2,500 10% Cash Bond, or $250 Cash Bond
Class A Misdemeanor Own Recognizance up to $1,500 10% Cash
Class B Misdemeanor Own Recognizance
Class B Misdemeanor (Battery) Own Recognizance up to $1,500 10% Cash
Class C Misdemeanor Own Recognizance
There are some circumstances when the initial judge at the APC will decide to either raise or lower the bond based on extenuating circumstances. Some of those circumstances would include, but is not limited to: whether the defendant is a Marion Co, IN resident, the alleged crime involves a deadly weapon or serious bodily injury, there are two or more alleged victims, defendant possesses two or more prior felonies, defendant possesses two or more prior failure to appear to court proceedings, defendant has ten or more prior arrests, defendant has been arrested for an offense while either serving another sentence or released on another pending case.
Once your initial bond is set, you will have the opportunity to request a bond review after your initial hearing in most cases. During your bond review, your attorney will have an opportunity to introduce some mitigating facts relevant to bail, that could convince the State and/or the Judge to lower your bond and/or implement specific release conditions. IC 35-33-8-4 outlines several factors that a Judge might consider in determining whether to lower or raise the initial bail amount:
(1) the length and character of the defendant’s residence in the community;
(2) the defendant’s employment status and history and his ability to give bail;
(3) the defendant’s family ties and relationships;
(4) the defendant’s character, reputation, habits, and mental condition;
(5) the defendant’s criminal or juvenile record, insofar as it demonstrates instability and a disdain for the court’s authority to bring him to trial;
(6) the defendant’s previous record in not responding to court appearances when required or with respect to flight to avoid criminal prosecution;
(7) the nature and gravity of the offense and the potential penalty faced, insofar as these factors are relevant to the risk of nonappearance;
(8) the source of funds or property to be used to post bail or to pay a premium, insofar as it affects the risk of nonappearance; and
(9) any other factors, including any evidence of instability and a disdain for authority, which might indicate that the defendant might not recognize and adhere to the authority of the court to bring him to trial.
Once your attorney asked questions and/or presents evidence regarding the above factors, the State being given the opportunity to cross examine said factors and presents evidence on its own, the Judge will then decide either to lower or raise the initial bond set by the initial APC Judge including any potential release conditions such as pre-trial GPS monitoring, home detention or any other condition the Judge sees fit in light of the facts of the case.
If you or a loved one has been charged with a crime, you may have an opportunity to have your bail amount reviewed by the assigned trial Judge to have it potentially lowered or removed altogether. Potts Law LLC has the litigation experience in dealing with criminal offense bond reviews and knowledge of the applicable local rules and statutes to give you the best opportunity to have your bond lowered. Contact Potts Law LLC today for your free consultation. 317-951-0087 kevin@pottslawllc.com
