What Happens After You’re Arrested in Indiana

Posted on August 22, 2025
  • Criminal Defense

    • An arrest occurs in Indiana when law enforcement takes you into custody because they suspect you have committed a crime and informs you that you have been arrested. It can happen with or without a warrant. 

    Being arrested in Indiana can be a scary experience. It can deprive you of your freedom and other rights. It is also the first formal step in the criminal justice process. By understanding what happens after an arrest, you can take steps to protect your legal rights and avoid making mistakes that could otherwise jeopardize your freedom. 

    Booking and Processing

    After you are formally arrested, the police will complete booking and processing. This is the process they use to get information from you and enter it into their computer system. You should speak only as necessary during this process. 

    You will be photographed and fingerprinted during this process. Your belongings may be searched, and the police may create an inventory listing the items in your possession.

    Questioning

    Police may take you to a room that is being recorded for questioning. First, they will likely recite your Miranda warnings, which include:

    • The right to remain silent, as anything you say can and will be used against you in a court of law
    • The right to consult an attorney before being questioned
    • The right to have an attorney present during questioning
    • The right to have an attorney appointed to you if you don’t have one

    During this time, the best thing you can do to protect your rights is to remain silent and request a criminal defense lawyer in Indianapolis.

    Initial Hearing

    Typically, within 24 to 48 hours, you will be brought before a judge who will explain the nature of the charges against you, inform you of your right to a criminal defense attorney to represent you, and set bail, if applicable.

    Posting Bail

    If the judge sets a low enough bail amount that you can afford or you are released on your own recognizance, you can pay the required amount (usually 10% of the bail amount if you use a bail bondsman). You will be subject to the conditions of release that the judge sets out. 

    If you were not granted bail or cannot afford bail, you will remain in custody until trial or the end of your case.

    Pre-Trial Proceedings

    Next, your attorney will work on your defense, which may include the following:

    • Conducting an independent investigation into the case
    • Interviewing witnesses
    • Gathering evidence to aid in your defense
    • Filing motions to dismiss charges when there is insufficient evidence or procedural errors
    • Filing motions to suppress evidence that was illegally obtained
    • Negotiating a favorable plea agreement with the prosecutor that reduces charges or decreases jail time
    • Investigating the viability of a diversion program or other alternative to incarceration
    • Preparing for trial

    During this time, you should assist your criminal lawyer with your defense by providing the requested information and answering their questions. Your communications are protected by attorney-client privilege. 

    Arrested? Call The Criminal Defense Team for Help

    At The Criminal Defense Team, we are committed to protecting the rights of the accused. We can help you avoid common mistakes and build a strong defense, so you know how to maneuver through the criminal justice system after an arrest in Indiana. Call us today to arrange a confidential consultation.