Will I Go to Jail Right Away for a Manslaughter Charge in Indiana?

Posted on August 28, 2025
  • Criminal Defense

    • If you are suspected of committing manslaughter, you may be arrested and taken to jail. The Criminal Defense Team can explain what happens after an arrest in Indiana, whether you may be able to be released on bond, and how we can help. Call our Indianapolis manslaughter lawyer today to learn more.

    What Happens After an Arrest for a Felony in Indiana?

    Involuntary manslaughter is a Level 5 felony, while voluntary manslaughter is a more serious Level 2 felony. After a felony arrest in Indiana, the following steps are involved:

    • Booking and processing: You are taken to a police station or local jail for booking. Law enforcement officers collect personal information, take your photograph, and fingerprint you. Your belongings might be searched and inventoried.
    • Police questioning: Police may provide you with your Miranda warnings (right to remain silent, right to an attorney, etc.) and question you about the death. You should not talk to the police during this exchange and should ask for a lawyer instead.
    • Initial hearing: You will usually be taken to an initial hearing within 24 to 48 hours. At this hearing, the judge will inform you of the criminal charges against you, advise you of your rights, and possibly set bail or release you on your own recognizance. The judge could also deny bail. 

    Indiana Bail Process

    The Indiana Constitution provides for inmates to be released on bond or their own recognizance unless they are charged with murder or treason or present a risk of flight or a danger to themselves or others. 

    Probation officers conduct a risk assessment on each inmate. Courts consider the information in these reports to establish an appropriate amount of bail. Some counties use a county bond schedule, which sets a specific amount of bail to be paid based on the particular offense. Bail is the amount of money the court sets, which acts as a guarantee that the defendant will appear for all mandatory court appearances. If the defendant does not appear as required, they forfeit the bail, and they can be arrested and held for the remainder of the trial.  

    Indiana law requires the amount of bail not to be set higher than the amount reasonably required to ensure the defendant’s court appearance or the physical safety of another person in the community if the court finds that the defendant poses a risk to another’s safety. Courts consider various factors when determining the amount of bail, including:

    • Your ties to the community 
    • Your employment history and salary
    • How long you’ve lived in the community
    • Your ability to make bail
    • Your family ties and relationships
    • Any previous history of not responding to court appearances
    • Your criminal history
    • The nature and gravity of the offense you are charged with and the potential penalties you’re facing
    • Your character, reputation, habits, and mental condition
    • How you would post bail
    • Your citizenship status
    • Other relevant factors

    Contact The Criminal Defense Team Today

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