Can You Get Bail for a Murder Charge in Indiana?

Posted on July 26, 2025
  • Violent Crimes

    • If you have been arrested for murder, you might wonder what your chances are for securing bail. An experienced Indianapolis murder lawyer from The Criminal Defense Team of Baldwin Perry & Wiley PC can represent you during this challenging time. We use a collaborative approach that taps into the unique experience and knowledge of each attorney on our team, including four of the five board-certified criminal trial specialists in the state. Contact us today for a confidential case evaluation.

    What Is Bail?

    Bail is a process that helps ensure a defendant’s court appearance while considering public safety. A judge has the discretion to determine the amount of bail, but this must be considered a reasonable rate. Yet, what is reasonable will depend on the specific situation. 

    The Bail Process in Indiana

    Indiana Supreme Court Rule 26 requires an assessment to be completed on every newly arrested inmate to determine whether they should be released on bond. The court uses the results of an evidence-based risk assessment approved by the Indiana Office of Court Services to determine if the arrestee presents a substantial risk of flight or danger to themselves or others.

    Under this system, all inmates must be released on bond or their own recognizance unless they present a risk of flight or a danger to themselves or others. There are special rules that apply in cases involving individuals accused of murder or treason.

    Probation officers conduct a risk assessment on each inmate. Judges ultimately determine whether to allow an inmate to be released on bond and the amount of the bond. Judges consider various factors when making this type of decision, such as:

    • The defendant’s prior criminal history
    • The defendant’s employment status and ability to pay bail
    • The defendant’s ties to the community and the family 
    • How long the defendant has lived in the community 
    • The defendant’s character, mental condition, reputation, and habits

    The court can determine whether the arrestee should be subject to money bail, the amount of the bail, and whether the bail can be satisfied by a surety bond or cash deposit. The court can accept a partial cash payment of the bail and implement conditions for bail release. The full amount of the bail is not always required; many bail bondspeople post bail where the defendant only pays 10% of the bail amount. 

    Bail for Murder or Treason

    The Indiana Constitution treats murder and treason differently from other crimes. Specifically, Rule 26 states that an arrestee must be released without money bail or surety if they don’t present a substantial risk of flight or danger to themselves or others, except when they are charged with murder or treason.

    Many judges deny bail entirely and hold a person without bond if they are charged with murder or treason. However, pretrial release is still possible. 

    Contact The Criminal Defense Team Today

    An experienced criminal trial lawyer can help seek bond and assist you in building a strong defense to your case. Call The Criminal Defense Team of Baldwin Perry & Wiley PC at (317) 678-9853 for a confidential consultation.