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

Bail Bond Schedule

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 accompanied by a specific bail amount, whether it is a cash bond or a 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 implemented by Marion County, 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

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

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

issued a warrant with a predetermined bail.

MAJOR FELONY BAIL AMOUNTS

• General Provisions

  Individuals who are arrested for a major felony are not allowed to post bond until their case has been submitted to the Initial Hearing Court for a probable cause determination and bond setting.

  
  

  Bail amounts established under this schedule will be based on the primary charge against the defendant. No bail amount set under this schedule shall exceed $200,000.

• 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

  
  

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

following circumstances that apply to the defendant:

• The defendant is not a resident of Marion County.

• The alleged crime involves the use of a deadly weapon or results in serious bodily injury.

• The defendant has two or more alleged victims.

• The defendant has two or more prior felony convictions.

• The defendant has two or more failures to appear in court.

• The defendant has ten or more prior arrests (excluding public intoxication arrests). This count doubles for every additional ten arrests the defendant has.

• The defendant has been arrested for an offense while on probation, parole, on bond, or released on their recognizance for another offense.

**Note:** Enhancements do not apply to Class "C" felonies or Level 5 felony Domestic Violence offenses.

**Filed Cases:** Bond is set, and release provisions are ordered from the Initial Hearing. The Housing Court may alter these conditions at the time the formal charges are filed.

Child Molesting, Child Solicitation, and Sexually Violent Predator Cases

No bail will be granted until the trial court conducts a hearing for individuals charged with Child Molesting (I.C. § 35-42-4-3) or Child Solicitation (I.C. § 35-42-4-6). Additionally, no bail will be issued for individuals who have been identified as sexually violent predators, as defined in I.C. § 35-33-8-3.5. The Judicial Officer at the Initial Hearing Court must schedule these cases for a bail hearing in the appropriate court no later than 48 hours after the person’s arrest, or at the earliest available opportunity if there are exigent circumstances that prevent holding the hearing within that time frame.

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

General Provisions

Individuals booked for a misdemeanor, Class D, or Level 6 offense are permitted to post bond as soon as they are processed by the Marion County Sheriff's Office, which has established the bond amounts. Bail amounts set according to this schedule will be based on the primary offense identified by the arresting officer in the Officer's Arrest Report. All individuals released either on their recognizance or on bail must adhere to the stipulated conditions.

Operating a Vehicle While Intoxicated

Individuals arrested for Operating a Vehicle While Intoxicated (OVWI) shall be released on their recognizance unless they have a prior conviction under I.C. § 9-30-5 or for a similar crime from another jurisdiction. Bail shall be set at $500 cash for any individual arrested for Operating a Vehicle While Intoxicated who has more than one prior conviction under I.C. § 9-30-5 or for a similar crime from another jurisdiction.

General Misdemeanor Bail Amounts

All individuals booked for misdemeanor offenses will be released on their recognizance, except for the following crimes:

• Battery: $150 cash bond

• Possession of a handgun without a license: $150 cash bond

• Domestic violence (including invasion of privacy): bond per schedule

• Operating while intoxicated with a prior conviction: bond per schedule

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.

Enhancements

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

each of the following circumstances:

• The defendant is not a Marion County resident,

• The defendant has one or more failures to appear,

• The defendant has one or more prior felony convictions.

Misdemeanor, D-Felony, & Level 6 Felony Domestic Violence Cases

Bail Schedule:

• 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, must be kept in custody and cannot be released on bail for at least eight (8) hours from the time of arrest, by I.C. § 35-33-1-1.7 and I.C. § 35-33-8-6.5.

If a domestic violence charge is not the primary charge, and this schedule would require a higher bail for the domestic violence charge if it were considered alone, then the bail shall be set as if the domestic violence charge were the primary charge.

Invasion of Privacy Cases

• Class D Felony: $2,000 cash bail

• Level 6 Felony: $2,000 cash bail

• Class A Misdemeanor: $1,000 cash bail

If invasion of privacy is not the lead charge and the standard bail schedule indicates a higher amount for this charge when considered alone, the Initial Hearing Court Judicial Officer should set the bail as though the invasion of privacy charge were the lead charge.

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:

A defendant who has not yet posted bail, as determined by the Initial Hearing Court Judicial Officer or under the Provisional Bail Schedule, must be processed within five (5) days of their arrest. Additionally, this timeframe applies to any motions submitted by the State or the defendant by I.C. § 35-33-8-5, which must also be addressed within five (5) days of receipt.

MISCELLANEOUS PROVISIONS

(a) Before being released, individuals charged with a violent crime involving injury must sign a No Contact Order to protect the alleged victim, if one exists, under I.C. § 35-33-8-3.6. If the individual refuses to sign the No Contact Order, the Sheriff will hold them until they can be brought to court.

(b) The Marion County Prosecutor's Office may file a Motion for a Greater Than Standard Bond once an individual is booked into the Marion County Sheriff's custody. This motion will outline the reasons why the Prosecutor's Office believes the individual poses a flight risk or a danger to the community. The filing must be submitted directly to the court for the initial hearing.