Marion County Pre-Trial Release & Bail
Marion County pre-trial release & bail rules continue to evolve. However, people still wonder what will happen to them if they are arrested and go to jail. While some people are released back into the community relatively quickly, others are placed on stricter supervision, ordered to pay higher amounts of bail, or even asked to remain in jail until their trial.
Knowing your pre-trial release rights is one of the first steps in understanding how Indiana courts may handle your specific allegations.
About The Criminal Defense Team of Baldwin Perry & Wiley, P.C.
The Criminal Defense Team of Baldwin Perry & Wiley, P.C., is a full-service criminal defense law firm serving clients throughout Indiana. Our attorneys are members of a select group of lawyers who have been designated by the state of Indiana as Board-Certified Criminal Trial Specialists.
We are dedicated to providing high-quality criminal defense representation to Indiana defendants, and we bring more than 100 years of combined experience to every case we accept. One former prosecutor on our staff has experience prosecuting homicide and major felonies.
Our firm handles complex felony cases, conducts thorough evidence investigations, and manages high-level criminal allegations using a team-based approach. Multiple attorneys and a paralegal typically assist on each criminal case so that we maintain detailed preparation and prompt communication with clients.
Marion County Pre-Trial Release Information
Pre-trial release means that you will be out of jail while your criminal case makes its way through the court system. Most, but not all, people charged with crimes have the right to pre-trial release pending the outcome of their criminal case. The court considers many factors when determining if you should be released from jail and what conditions you must comply with as part of your release:
- The nature of the allegations or charge
- Criminal history
- Prior failure to appear in court
- Ties to the community
- Stable employment
- Safety of the community
- Risk you will flee
Many defendants in Marion County will qualify for release without having to post the entire bail amount. Some defendants may be released with additional requirements, such as electronic monitoring, drug screenings, travel limits, or mandatory meetings with court officials. Courts are continuing to update and amend Marion County pre-trial release standards to help protect public safety, decrease jail overcrowding, and maintain the constitutional rights of defendants.
Indiana Bail and Pre-Trial Conditions
In Indiana, 69% of the population in jail is for those being held for pretrial. In the state, 254,735 individuals are sent to local jails each year. Additionally, there has been a 596% increase in the number of incarcerated people since 1970.
While some defendants can take advantage of these new procedures by securing their release without having to pay large amounts of money, others will face stricter conditions or could even be denied release. For many defendants, pre-trial release doesn’t mean you will be completely unrestricted. Defendants on pre-trial release often have numerous conditions they must follow, which can include:
- House arrest
- Curfew
- Drug and alcohol testing
- No contact with certain people
- Travel restrictions
- Check-ins with officials
If you do not follow the rules of your release, you could end up in jail again, losing your bond money. You could also be charged with additional crimes.
Indiana Pre-Trial Release Rules
Like all aspects of a criminal case, there are criminal defense laws and pre-trial release laws in Indiana that deal with pre-trial release. The US Constitution provides certain rights to people who have been charged with a crime. For pre-trial release, this includes the right for judges to impose conditions that will ensure your appearance in court and that the public will remain safe.
Indiana’s pre-trial release laws give judges the power to set conditions that they feel will mitigate some of the concerns raised by the prosecutor and court. Even if the judge requires that you follow certain rules before your case is over, you still have rights that protect you from unreasonable conditions.
If you are charged with certain felonies, the prosecutor has the option to request a more formal bail hearing. A Marion County criminal defense attorney can refute these allegations by emphasizing their client’s employment history, support network, criminal record, or lack thereof, and community roots.
FAQs
Why Would Someone Get Pretrial Release?
Pretrial release refers to a criminal defendant’s release from custody while awaiting court action. Judges may choose to release defendants due to a variety of reasons, including minimal criminal history, local family ties, steady employment, low risk of flight, or due to the particular allegations.
Judges commonly require certain stipulations, such as electronic surveillance, drug tests, or routine meetings, to boost the chances of a defendant’s cooperation with legal proceedings while their case is unresolved.
What’s the Process for Inmate Release in Marion County?
In Marion County, once you’ve been arrested, the court will often address issues of bond eligibility, release conditions, and public safety during the early proceedings of your case. People may be able to post bond or adhere to supervised release conditions and be released. After release is granted, jail personnel will complete paperwork, confirm conditions, and finish processing prior to your being released from jail.
What Does Pre-Release From Jail Mean?
Pre-release from jail most commonly means that someone will be released from custody before their criminal case has been completely adjudicated or before they have served an entire sentence. In the context of criminal proceedings, this can take the form of pretrial release, bail/bond, or being supervised while criminal charges are pending.
Is Pretrial Detention the Same as Jail?
Pretrial detention is the custody of a suspect or defendant held in jail, as criminal charges are pending, before a conviction has taken place. Despite technically being sentenced to the physical confines of jail, pretrial detention is considered separate from confinement as punishment after conviction because a finding of guilt or innocence has yet to be made by the court.
Hire a Criminal Defense Lawyer Today
At The Criminal Defense Team of Baldwin Perry & Wiley, P.C., we focus on criminal defense only. Not only does this allow us to help you with your current criminal matter, but it also allows us to stay up-to-date on everything related to criminal law. In fact, five of the attorneys at our firm are qualified by the State of Indiana as Board-Certified Criminal Trial Specialists. Hire a criminal defense lawyer with us today. Contact us for the legal assistance you need.
*Andrew Baldwin, Kathy Perry, Kelly Pyle, Maxwell Wiley, and Michael C. Cunningham are Board-Certified* Criminal Trial Specialists, as certified by the National Board of Trial Advocacy. Find out why having a Board-Certified* Criminal Trial Specialist as your defense lawyer is important here.