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Indianapolis Criminal & OWI Lawyers > Blog > Criminal Defense > Bail and Pretrial Release Options in Indianapolis: A Comprehensive Guide

Bail and Pretrial Release Options in Indianapolis: A Comprehensive Guide


Being arrested and accused of committing a crime can be scary. You may not know what to expect. You may not know what your options are. One crucial thing you need to know is that all allegations, except Murder, have a right to bond. You may also be eligible for a pretrial release program. Pretrial release, like bond, is when you are released from custody and allowed to stay out of jail while you await trial. However, if you are released to a pretrial release program, you may be subject to additional conditions to simply appearing for Court. If you are facing criminal charges in Indianapolis, you should retain a skilled criminal defense attorney as soon as possible. A qualified defense lawyer can help protect your rights, including helping you with your release from custody pending trial.

Understanding Pretrial Release

After you are arrested and accused of committing a criminal offense, the next step is usually your initial hearing. An Initial Hearing is when you are brought in front of the court for the first time to hear the charges against you and enter a plea. Usually, a person’s Initial Hearing is held within 72 hours of being jailed. During this hearing, it is advisable that you enter a plea of “not guilty” unless you have spoken to a defense attorney and they have advised you to enter a different plea.

Once the court determines that you are eligible for pretrial release, a decision will be made on whether you should post bail or be released on your own recognizance.

Option 1: Posting Bail

Bail is money or property, such as a house, that you give to the court as collateral that you will appear for all court dates. Your bail will be forfeited if you fail to appear to attend all your court dates. If you paid the money to the Court Clerk, and if you appear for all court dates, you will get back your money or property once your case is resolved.

Option 2: Released on Your Own Recognizance

When you are released on your own recognizance, the court allows you to remain free pending your trial without having to post bail.

Who Is Eligible for Pretrial Release in Indianapolis?

Most people are eligible for bail or to be released on their own recognizance. Usually, only individuals charged with the most violent crimes, such as murder, or who are determined to pose a significant risk may not be eligible for pretrial release.

Criminal Rule 26

A new rule that became effective in Indiana in January 2020 has, over the last few years, resulted in more people being released to await trial. Criminal Rule 26 requires the court to release criminal suspects without money bail or surety subject to such restrictions and conditions if they do not present a substantial risk of flight or danger to themselves or others. The only exceptions are the following;

  • The arrestee is facing treason or murder charges
  • The arrestee is on pretrial release for another unrelated case
  • The arrestee is on parole, probation, or other community supervision

Contact Us for Legal Help

If you have been arrested in Indianapolis, contact a skilled Indianapolis criminal defense lawyer at Rigney Law LLC for legal help.



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