BONDING OUT
Will I be able to get out of jail?
In most Martin County criminal cases, the answer is yes, although there are important exceptions. Whether you will actually be released depends on your ability to satisfy the bond set by the court and any conditions of release.
Indiana law generally allows a person charged with a crime to be released on bond while the case is pending. There are important exceptions, however, and the amount and conditions of bond depend on the charges and the circumstances of the case.
A bond allows you to be released from jail while your criminal case is pending. The purpose of bond is to encourage you to appear in court while protecting the community.
In most cases, the judge sets the amount and conditions of bond at your initial hearing.
Martin County has adopted a standard bond schedule for many offenses. The judge may increase or decrease bond depending on the facts of a particular case.
What is the current Martin County bond schedule?
CHARGE BOND AMOUNT MURDER and ATTEMPTED MURDER To be determined by Judge
LEVEL 2 FELONY To be determined by Judge
LEVEL 3 FELONY $60,000/10%
LEVEL 4 FELONY $45,000/10%
LEVEL 5 FELONY $30,000/10%
LEVEL 6 FELONY $15,000/10%
CLASS A MISDEMEANOR $10,000/10%
CLASS B MISDEMEANOR $5,000/10%
CLASS C MISDEMEANOR $3,000/10%
Can a lawyer help reduce my bond?
Depending on the circumstances, I may request a bond reduction or ask the court to modify the conditions of release. Whether a judge grants such a request depends on the facts of the case. The earlier a lawyer becomes involved, the sooner those issues can be evaluated.
What if I am charged with a sex offense?
If you are charged with an offense that would classify you as a sex or violent offender under no bond shall be set until further Order of the Court.
What if I am from Out of State?
The bond schedule is doubled.
What if I am charged with battery, etc.?
If you are charged with battery, domestic battery, stalking, invasion of privacy, strangulation, dealing in a controlled substance, or attempting to commit any of these crimes you won’t be allowed to post bond until 48 hours after book-in or until further Order of the Court.
You may then post bond according to this schedule on the condition that you agree, in writing, to have no contact with the alleged victim and/or co-defendant. If you refuse, you may be held without bond until further Order of the Court.
What if I don’t want to identify myself?
If you refuse to identify yourself, provide current address, telephone number and date of birth or otherwise do not cooperate with the booking process, no bond shall be set until further Order of the Court.
What happens if I am arrested while on Probation or on Parole or while out on Bond?
If you have been arrested and are on probation, parole or released on bond for another charge, you will be held without bond until further Order of the Court.
What if I have multiple charges?
If you have multiple charges, the Bond will be set in amount according to the most serious charge filed against you, and won’t be cumulative.
What Does a 10% Cash Bond Mean?
For many Martin County bonds, you may be released by posting 10% of the bond amount. For example, if you are charged with Level 6 Possession of Methamphetamine the bond is $15,000/10%. That means you can post a $1,500 (10%) to be released.
If you are convicted or plead guilty, the Court is allowed to retain all, or a part, of the 10% bond payment to reimburse the Martin County Supplemental Public Defender fund, and pay Court costs, fines, probation fees, community correction fees and restitution. The individual posting a bond must sign the Court’s Cash Bond Form acknowledging the bond may be used by the Court.
Indiana Law Regarding Bail
Indiana law generally provides that most criminal defendants are entitled to reasonable bail. The Indiana Constitution prohibits excessive bail, and Indiana statutes require judges to consider factors such as the seriousness of the offense, criminal history, ties to the community, and the likelihood that the defendant will appear in court.
What Should I Do Next?
Do not discuss your case with other inmates or over recorded jail telephones.
Follow every condition of your release.
Do not attempt to contact an alleged victim if a no-contact order has been issued.
Appear at every court hearing.
Contact a criminal defense attorney as soon as practical.
If you have questions about bond or pretrial release in a Martin County criminal case call or text my office at 812-486-8928
Important: This page provides general information about criminal cases in Martin County, Indiana. Every case is different. Nothing on this page is legal advice for your specific situation. Law Office of David P. Jones, LLC