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What's a bail bond schedule and do judges use it?



Have you ever wondered about bail bond schedules and whether judges use them?


Location #1

Smith American Bail Bonds

8902 Otis Avenue Suite 123A

Indianapolis, IN, 46216


Location #2

Smith American Bail Bonds

55 S State Avenue Suite #355

Indianapolis, IN, 46201


Bail Schedule - A bail bond schedule is a comprehensive list of criminal charges, each with a specific amount attached to it, whether a cash bond or surety bond. The bond amount for each charge is determined based on the severity of the offense. When an individual is arrested and incarcerated, they will have a hearing before a judge who will decide their bail. This decision is based on a bail schedule that Marion County has implemented, ensuring a fair and consistent process.


If you or someone you know requires bail bonding services, please call Smith American Bail Bonds at 317-531-5447. They are available to assist you.



Marion Superior Court Bail Schedule – Indianapolis, Indiana


1. SCOPE

This Provisional Bail Schedule shall apply to all defendants arrested outright in Marion

County. This schedule shall not apply to those cases where a judicial officer has already

issued a warrant with a predetermined bail.


2. MAJOR FELONY BAIL AMOUNTS

(a) General Provisions

i. Individuals who are booked in on a Major Felony outright arrest are not

permitted to post bond until the case has been submitted to the Initial

A Judicial Officer has set the hearing Court for a probable cause determination and bond.

ii. Bail amounts set under this schedule shall be based upon the lead

charge brought against the defendant. No bail amount set under this

schedule shall exceed $200,000.

(b)

Murder No Bail

Class A Felony $50,000 Surety

Level 1 Felony $50,000 Surety

Level 2 Felony $50,000 Surety

Class B Felony $20,000 Surety

Level 3 Felony $20,000 Surety

Level 4 Felony $20,000 Surety

Class C Felony $7,500 Surety

Level 5 Felony $7,500 Surety

Domestic Violence:

Class C Felony $25,000 Surety

Level 5 Felony $25,000 Surety

(c) Enhancements: The bail schedule amounts shall double for each of the

following circumstances applying to the defendant:

1. The defendant is not a Marion County resident,

2. The crime alleged involves a deadly weapon or serious bodily injury,

3. The defendant has two or more alleged victims,

4. The defendant has two or more prior felony convictions,

5. The defendant has two or more failures to appear,

6. The defendant has ten or more prior arrests (not including public

intoxication arrests). This category shall double for each additional 10

arrests a defendant has.

7. The defendant has been arrested for an offense while on probation, parole,

bond or released on the person's recognizance for another offense.

NOTE: Enhancements do not pertain to class "C" felony or level 5 felony

Domestic Violence offenses.

(c) Filed Cases. Bond set and release provisions ordered from the Initial Hearing

The Housing Court may alter the Court at the time the formal charges are

filed.

 (d) Child Molesting, Child Solicitation, and Sexually Violent Predator Cases

No bail will be issued until the trial court has conducted a bail hearing for a

a person who is charged with Child Molesting (I.C. § 35-42-4-3) or Child

Solicitation (I.C. § 35-42-4-6);

No bail will be issued until the trial court has conducted a bail hearing for a

a person who has been determined to be a sexually violent predator defendant as

defined in I.C. § 35-33-8-3.5.

The Initial Hearing Court Judicial Officer shall set such cases for a bail hearing in

the appropriate Court no later than 48 hours after the person has been arrested or at

the earliest possible setting if exigent circumstances prevent holding the hearing

within 48 hours.


3. MISDEMEANOR & CLASS D/LEVEL 6 FELONY BAIL AMOUNTS:

(a) General Provisions

i. Individuals who are booked in on a misdemeanor, class D, or level 6

the outright arrest is permitted to post bond as soon as they are booked in by

the Marion County Sheriff's Office and bond is set.

ii. Bail amounts set under this schedule shall be based upon the lead

offense identified by the arresting officer on the Officer's Arrest Report.

iii. All individuals released either on their recognizance or on bail must

(b) Operating a Vehicle While Intoxicated

Individuals arrested for Operating a Vehicle While Intoxicated shall be released

on their recognizance unless they have a prior conviction under I.C. § 9-30-

5 or for a crime of a similar nature to I.C. § 9-30-5 from another jurisdiction.

Bail shall be set at $500 Cash for any individual arrested for Operating a Vehicle

While Intoxicated, who also has more than one prior conviction under I.C. § 9-30-

5 or for a crime of a similar nature to I.C. § 9-30-5 from another jurisdiction.

(c) General Misdemeanor Bail Amounts

All individuals booked in on misdemeanor offenses shall be released on their own

recognizance, except for the following crimes:

Battery $150 Cash

Possession of a Handgun without a License $150 Cash

Domestic Violence (Including Invasion of Privacy) per schedule

Operating While Intoxicated with prior conviction per schedule

(d) General FD/F6 Bail Amounts

Individuals booked in on one of the following level six or class "D" felony offenses

shall be released on their recognizance:

• Theft

• Operating a Vehicle as a Habitual Traffic Violator

• Possession of Marijuana

Bail shall be set for $500 Cash for individuals booked in for a general

class "D" felony or level 6 felony outright arrest.

• Battery (I.C. § 35-42-2-1)

• Criminal Confinement (I.C. § 35-42-3-3)

• Criminal Gang Activity (I.C. § 35-45-9-3)

• Criminal Recklessness (I.C. § 35-42-2-2 – all sections)

• Escape (I.C. § 35-44-3-5/I.C. §35-44.1-3-4)

• Intimidation (I.C. § 35-45-2-1)

• Pointing a Firearm (I.C. § 35-47-4-3)

• Residential Entry (I.C. § 35-43-2-1.5)

• Resisting Law Enforcement (I.C. § 35-44-3-3/ I.C. §35-44.1-3-1)

• Stalking (I.C. § 35-45-10-5)

• Strangulation (I.C. § 35-42-2-8/ I.C. §35-42-2-9)

Bail shall be set for $250 for all other individuals arrested on an outright

arrest for a general felony or level 6 felony offense.

(e) Enhancements.

The bail schedule amounts shall double, up to a maximum of $500 Cash bond for

each of the following circumstances:

1. The defendant is not a Marion County resident,

2. The defendant has one or more failures to appear,

3. The defendant has one or more prior felony convictions.

(f) Misdemeanor, D-Felony, & Level 6 Felony Domestic Violence Cases

Class D Felony $2,000 Cash

Level 6 Felony $2,000 Cash

Class A Misdemeanor $1,000 Cash

A person charged with a crime of domestic violence as defined in I.C. § 35-31.5-

2-78 shall be kept in custody and not released on bail for at least eight (8) hours

from the time of arrest under I.C. § 35-33-1-1.7 and I.C. § 35-33-8-6.5.

If a domestic violence charge is not the lead charge and this schedule would

require a higher bail for the domestic violence charge standing alone, the bail

shall be set as if the domestic violence charge were the lead charge.

(g) Invasion of Privacy Cases

Class D Felony $2,000 Cash

Level 6 Felony $2,000 Cash

Class A Misdemeanor $1,000 Cash

If an invasion of privacy charge is not the lead charge and this schedule would

require a higher bail for the invasion of privacy charge standing alone, the Initial

Hearing Court Judicial Officer should set the bail as if the invasion of privacy

The charge was the lead charge.


4. REVIEW OF PROVISIONAL BAIL AMOUNT

Except for felony courts, the trial court to which the defendant's case is assigned shall

review the bail set:

1. Within five (5) days of the arrest of any defendant who has not yet made bail as

set by the Initial Hearing Court Judicial Officer or under the Provisional Bail

Schedule; or,

2. Within five (5) days upon receipt of motion of the State or the defendant pursuant

to I.C. § 35-33-8-5.


5. MISCELLANEOUS PROVISIONS

(a) Before being released, individuals booked in for a violent crime with injury, the

arrestee must sign a No Contact Order protecting the alleged victim if one exists,

under I.C. § 35-33-8-3.6. If the person refuses to sign a No Contact

The Sheriff shall hold the person until they are brought to Court.

(b) The Marion County Prosecutor's Office may file a Motion for a Greater Than

Standard Bond. This may occur once an individual is booked into

the Marion County Sheriff's custody. The Motion shall list the reasons the Marion

The County Prosecutor's Office believes that the individual would be deemed a flight risk or a

harm to the community. The filing shall be submitted directly to the Initial hearing court.

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