How Bail Works and What You Can Do

Posted on August 4, 2025
  • Criminal Defense

    • Bail is a fundamental aspect of Indiana’s criminal justice system. However, many defendants, especially first-time offenders, find the bail process daunting and confusing. Our criminal defense attorneys in Indianapolis can explain how bail works in Indiana and what you can do to ensure this process goes as smoothly as possible. 

    What Is Bail?

    Bail is an amount of money a court can require to incentivize a defendant to appear for future scheduled court appearances. If the defendant pays bail but fails to appear for required court appearances, the bail can be forfeited. 

    Indiana Bail Process

    Indiana requires courts to allow criminal defendants to post bail or be released on their own recognizance, as long as they do not pose a flight risk or a threat to public safety. The amount of the bail should not be more than necessary to ensure the defendant’s reappearance and public safety. 

    Often, defendants are not able to afford the full bail amount, so they may use a bail bondsman to secure a bond. Typically, the bondsman pays the bail for a fee, which is typically 10% of the bail amount. 

    There are different types of bonds, including surety bonds or property bonds. Surety bonds involve the bondsman assuring the court that they will pay the full amount of bail if the defendant fails to appear in court as required. Property bonds place a lien on the defendant’s property that secures the bail amount. If the defendant fails to appear, the lien can be executed and the property sold.

    What Factors Are Considered When Setting Bail?

    Before your initial hearing, a pre-trial risk assessment will be conducted, which identifies factors relevant to determine whether you will fail to appear or commit a new criminal offense. The judge reviews this assessment and the factors relevant to setting an amount of bail, such as:

    • The severity of the alleged crime
    • Your flight risk
    • Your criminal history
    • Any history of failing to appear in the past
    • Your ties to the community and your family ties
    • Your employment and income
    • Your citizenship status 
    • Your character and reputation
    • Other relevant factors

    What You Can Do

    There are several things that you can do to help with the bail process and your defense, including:

    • Cooperate with the process by answering the officer’s questions for the pre-trial risk assessment
    • Post bail so you are available to assist with your defense 
    • Abide by the terms of your release, such as not having contact with the alleged victim, not leaving the area without permission, refraining from drinking, doing drugs, or committing other crimes, abiding by the terms of any curfew, working, regularly checking in, and obeying any other orders

    Violating the terms of your release can result in your arrest and detention.

    Contact Us for Legal Assistance Today

    If you have been charged with a crime in Indiana or have questions about the bail process in Indiana, you should seek legal help from a qualified criminal defense attorney. Contact The Criminal Defense Team for a confidential case review.