Can I Get Bail for Burglary with Serious Bodily Injury in Indiana?
If you’re facing burglary charges, you’re likely anxious to get out of jail and defend yourself against these serious charges. You may also wonder whether you’re able to get bail. A skilled Indiana burglary attorney from The Criminal Defense Team can review your charges, evaluate factors that affect the determination of bail, and represent you in all court proceedings. You can call us for a free and confidential consultation to learn more.
Indiana Bail Rules
In Indiana, there is a presumption that bail should be ordered in criminal cases that do not involve murder or treason. The amount of bail should only be enough that is reasonable required to assure the defendant appears in court or assures the physical safety of another person or the community if the court finds by clear and convincing evidence that the defendant poses a risk to the physical safety of someone else or the community. However, whether to grant bail and in what amount is determined by the judge, so there’s no guarantee that you’ll be able to get out on bail.
Factors Considered in Setting Bail for Burglary with Serious Injury
The judge can review your pre-trial risk assessment and other relevant factors when making bail decisions, including:
- The severity of the alleged crime: Burglary with serious injury is classified as a Level 2 felony, punishable by up to 30 years’ imprisonment. This factor weighs against granting bail or ordering a high amount of bail.
- Your flight risk: If you did not appear at previous legal proceedings or there is evidence that you planned to flee the jurisdiction of the court, this could weigh against granting bail.
- Your criminal history: If you’ve never been charged with a crime, this weighs in favor of granting bail, while previous convictions for serious offenses weighs against it.
- Your ties to the community and your family ties: Having a job and family in the area weigh in favor of granting bail.
- Your employment and income: Judges use this information to determine the amount of bail to set in your case.
- Your citizenship status: The court is more likely to grant bail to citizens, rather than undocumented individuals who may try to leave the area.
- Your character and reputation: If you are otherwise of good moral character, the judge can consider this factor.
Your criminal defense lawyer can argue the factors that represent why you should be released on your own recognizance or for a lower amount of bail while seeking to minimize the factors that weigh against you.
Benefits of Getting Bail for Burglary with Serious Injury
If possible, you want to be granted bail. This allows you to:
- Maintain your freedom
- Aid in your defense
- Be with your family
- Keep your job, potentially
At the Criminal Defense Team, we use our extensive knowledge of criminal law to fight for the best outcome possible for our clients, including seeking bail on their behalf.
Contact Us Today for a Confidential Case Review
When facing serious criminal charges, you need legal representation from an Indianapolis criminal defense lawyer. Contact us today to schedule your confidential consultation.