Indiana Criminal Procedure and the Bail System
This domain tests how bail is set, changed, forfeited, and discharged in Indiana courts, so you can explain to a defendant and indemnitor what the bond actually does.
Constitutional and statutory frame
- Indiana Constitution Article 1, Section 17 makes offenses other than murder and treason bailable by sufficient sureties; murder and treason may be held without bail when the proof is evident or the presumption strong.
- IC 35-33-8 governs release decisions. Courts may release on personal recognizance, cash, a surety bond, or real property, and may impose conditions. Many courts also accept a cash deposit, commonly 10 percent, in lieu of the full amount.
- Bail is initially set at or near the initial hearing and can be reviewed or modified on motion, or revoked for violations.
Failure to appear
- The court issues a warrant, may revoke release, and may order the bail forfeited. After forfeiture, judgment can be entered against the surety unless the defendant is produced or the court sets the forfeiture aside on motion within the time the statute and order allow, so confirm the current period before advising anyone.
- Failure to appear is itself a separate offense under Indiana law, with the level depending on the underlying charge.
Exoneration
- The surety is discharged when the case ends by dismissal, acquittal, sentencing, completion of the defendant's obligations, surrender of the defendant into custody, or court order.
Worked example
A defendant misses a felony hearing; the court forfeits a $20,000 surety bond and issues a warrant. The agent should immediately locate and surrender the defendant and file a motion addressing the forfeiture. Waiting and doing nothing allows judgment to be entered against the surety.
Traps that cost marks
Treating a 10 percent cash deposit as a bail bond; assuming the bail amount never changes; confusing forfeiture with final judgment; missing the motion deadline.