The Different Kinds of Bail Bonds in Indiana Available to the Public

Posted on August 9, 2024 by admin

When you or a loved one are faced with an arrest in Indiana, understanding bail bonds can be your first step toward regaining freedom. This comprehensive guide will break down the complexities of bail bonds in Indiana, offering clear insights into the different types available and how they work. Whether you’re an Indiana resident or someone dealing with a legal crisis, this post is crafted to provide the information you need to make informed decisions.

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The Basics of Indiana Bail Bonds

Bail bonds might seem like a daunting topic, especially if you’ve never dealt with the legal system before. Essentially, a bail bond is a form of financial guarantee that ensures a defendant’s appearance in court after being released from custody. The court sets a bail amount, which can often be substantial. When the defendant or their family can’t afford this amount, a bail bond can be used to secure their release.

There are several types of bail bonds, each with unique features and requirements. Understanding these differences can help you choose the right option for your situation. Moreover, knowing the ins and outs of bail bonds can save you time, money, and stress. It’s crucial to have a clear understanding of the process, as making an uninformed decision can lead to complications down the line.

The Bail Process in Indiana

The bail process in Indiana begins with the arrest and booking of a defendant. Once booked, a judge sets the bail amount based on factors like the severity of the offense, the defendant’s criminal history, and the risk of fleeing. Indiana law allows for various bail options, each suited for different situations and financial capabilities.

After the bail amount is determined, the defendant or their representative can arrange for a bail bond. The process typically involves contacting a bail bond company or a bail bondsman, who will outline the available bond options. It’s important to understand the terms of the bail bond agreement, as failing to adhere to its conditions can lead to further legal issues.

In court, the defendant must appear at all scheduled hearings. Failing to do so, known as “failure to appear” or “FTA”, can result in bond forfeiture. This means the court keeps the bail amount, and a warrant may be issued for the defendant’s arrest. Understanding these obligations is key to maintaining your freedom and avoiding additional penalties.

Different Types of Bail Bonds Available in Indiana

Indiana offers several types of bail bonds, each with distinct characteristics. Knowing the differences can help you choose the best option for your needs.

Cash Bail

Cash bail is the most straightforward type of bail bond. It involves paying the full bail amount in cash, which is held by the court until the trial concludes. If the defendant attends all court appearances, the money is returned, minus any court fees. Cash bail is often used when the bail amount is relatively low or when the defendant has access to sufficient funds.

Cash bail offers a simple and direct way to secure release from custody. However, it requires the full bail amount upfront, which might not be feasible for everyone. In such cases, other bail bond options may be more suitable.

Surety Bonds

Surety bonds are the most common type of bail bond in Indiana. They involve a third party, known as a bail bondsman, who agrees to pay the bail amount if the defendant fails to appear in court. The defendant or their representative pays a non-refundable fee, typically 10% to 15% of the bail amount, to the bondsman. Currently, Indiana is allowing eligible bail agents to offer rates as low as 8% of the bail premium.

This type of bond is ideal for individuals who cannot afford cash bail. It provides a way to secure release without paying the full bail amount upfront. However, it’s crucial to understand the bail bond agreement’s terms, as failing to comply can lead to severe consequences.

Property Bonds

Property bonds involve using real estate as collateral for bail. The property must be of equal or greater value than the bail amount, and the court places a lien on it. If the defendant fails to appear in court, the property can be seized and sold to cover the bail.

While property bonds can be advantageous for those with significant property value, they come with inherent risks. If the defendant fails to meet court obligations, losing the property becomes a real possibility. It’s essential to weigh these risks carefully before choosing this option.

The Role of Bail Bondsmen

Bail bondsmen play a critical role in the bail process. They act as intermediaries between the defendant and the court, providing the financial backing needed to secure release. Their expertise and connections can streamline the process, making it quicker and less stressful.

Choosing a reputable bail bond company is vital. Look for a licensed and experienced bondsman who can explain the bail bond agreement clearly and answer any questions you may have. Their guidance can be invaluable, especially if you’re unfamiliar with the legal system.

Bail bondsmen also ensure that defendants adhere to their court obligations. They may require regular check-ins or impose additional conditions to minimize the risk of failure to appear. By working closely with a bondsman, you can increase your chances of a successful outcome.

Eligibility Criteria for Bail Bond Service

Not everyone is eligible for bail bonds in Indiana. Eligibility depends on several factors, including the nature of the offense, the defendant’s criminal history, and the likelihood of attending court hearings. Some offenses, such as violent crimes or those posing a flight risk, may result in bail being denied. It’s important to provide accurate and complete information when applying for a bail bond. Failure to do so could result in delays or denial of the bond.

A bail bondsman can help assess your eligibility and guide you through the application process. Understanding the criteria for eligibility can also help set realistic expectations. If bail is denied, exploring alternative options, such as seeking a bail reduction or appealing the decision, may be necessary.

How to Secure a Bail Bond

Securing a bail bond involves several steps. First, gather all necessary information about the defendant, including their full name, booking number, and the charges they’re facing. This information will be required by the bail bondsman to initiate the process.

Next, contact a reputable bail bond company to discuss your options. They’ll explain the different types of bail bonds available and help you choose the best one for your situation. Be prepared to provide financial information, as a down payment or collateral may be required.

Once the bail bond agreement is signed, the bail bondsman will post bail on your behalf, securing the defendant’s release. It’s important to understand all terms and conditions outlined in the agreement to avoid any issues later on.

Important Legal Considerations and Obligations

Understanding the legal considerations and obligations associated with bail bonds is crucial. Failing to comply with these requirements can result in serious consequences, including bond forfeiture and additional charges.

One of the primary obligations is attending all court appearances. Missing a hearing, or “failure to appear,” can result in a warrant for the defendant’s arrest and loss of the bail amount. It’s vital to keep track of all court dates and communicate any potential conflicts with your attorney.

Additionally, adhering to any conditions set by the court or bail bondsman is essential. These may include travel restrictions, regular check-ins, or avoiding contact with certain individuals. Violating these conditions can lead to revocation of the bond and further legal trouble.

Frequently Asked Questions about Bail Bonds in Indiana

What happens if the defendant misses a court date?

If the defendant fails to appear in court, it can result in bond forfeiture. The court may issue a warrant for the defendant’s arrest, and the bail amount may be lost. It’s important to communicate any issues with attending court to your attorney and bail bondsman.

Can bail be refunded?

If the defendant meets all court obligations, the bail amount can be refunded, minus any court fees. However, fees paid to a bail bondsman are typically non-refundable.

Can bail be denied?

Yes, bail can be denied for several reasons, including the severity of the offense, prior criminal history, or if the defendant is deemed a flight risk. If bail is denied, legal counsel can explore alternative options.

Conclusion

Navigating the world of bail bonds in Indiana can be challenging, but understanding the basics can make the process smoother. From cash bail to surety and property bonds, each option has its own set of benefits and considerations. Working with a reputable bail bondsman can provide valuable support and guidance.

If you or a loved one are dealing with a legal crisis, seeking professional legal assistance is crucial. Consulting with an experienced attorney can provide further insights and help protect your rights throughout the process. Additionally, many bail bond companies offer resources and support to help you through this difficult time. Understanding your options and obligations can empower you to make informed decisions and regain your freedom.

Remember, always seek professional legal advice if you have any questions or concerns about the bail bond process. Contact Woods Bail Bonds at 317-876-9600 for 24 hour bail bond services in Indianapolis, Indiana you can trust. We also offer prearranged bail bond service for arrest warrants and probation violations.

What Happens if I Fail to Appear for Court in Indianapolis?

Posted on November 18, 2022 by admin

If you’ve been summoned to appear in criminal court, it’s important to take this matter seriously. Court hearings are mandatory and missing one can have considerable consequences. In Indiana, if you fail to appear for your criminal court hearing, you could face a contempt of court charge and hefty fines.

Continue below to learn more about Contempt of Court, including what it means, what penalties it might lead to, and more.

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Criminal Contempt for Missing a Court Date

Contempt of court is a criminal charge that involves willfully disobeying or disregarding court orders. If you fail to appear, the presiding judge could find you in contempt and issue a warrant for your arrest. You might also face added charges, such as resisting arrest or failure to comply with court orders.

In addition to being held in contempt of court, failing to show up for a criminal court hearing could also result in being held liable for the full amount of your bond. If you were required to post a cash or surety bond, then you may be forced to pay it in full. If you had originally posted bail, then the court could revoke it and hold you in jail until your next appearance.

Additional Criminal Penalties for Missing Court

There are other penalties you could face as well, including fines or a suspended license. It’s also possible that the judge could increase your bond amount and require you to post it in order to receive bail. If you fail to appear for your criminal court hearing, it will be noted in court records and can impact future proceedings. Not showing up for court can be seen as an admission of guilt, so it’s important to take your criminal case seriously and follow all instructions from the court. Your best option is to contact your attorney and let them know if you cannot attend a hearing or need more time to prepare your defense.

Conclusion

Don’t take your criminal court date lightly. Failing to appear can have serious repercussions, so make sure you’re fully prepared and follow all instructions from the court. Your future could depend on it. If you do miss your court date and an arrest warrant is issued for you, consider prearranging your bail for a faster release from jail.

Ready to prearrange your release from jail in Indianapolis for your arrest warrant? Contact Woods Bail Bonds at 317-876-9600 for fast and secure bail bond service in Marion County, Indiana. We offer prearranged bail bond service for probation violations, too.

What is Bail Forfeiture?

Posted on May 19, 2022 by admin

Forfeiting bail is not something you want to do if you have just been bailed out of jail. Also known as bail forfeiture, failing to appear for court is a violation, and one that comes with additional penalties. Continue below to learn what you need to know about FTA’s and forfeiting bail, including how to resolve the mistake of missing court after bailing out of jail.

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Do Not Miss Court After an Arrest

Whether you use a bail bond to get out of jail or paid the jail directly, you do not want to miss your court date. Failing to appear for court, also known as an FTA, is a violation of your bail agreement. When you post bail, you are agreeing to appear for court in return for being released in the meantime. So, when you do not show up for your court date, you have welshed on your promise to the jail, court, and bail bondsman.

Penalties for Failing to Appear (FTA)

The first penalty you can expect from failing to appear for court is bail forfeiture. This means that you forfeit your bail privileges and must return to jail while awaiting your upcoming, scheduled court hearings. Generally, an arrest warrant is issued for an absent defendant. The defendant is required to turn themselves into authorities at the local jail to resolve their legal matters. Additionally, FTAs cause defendants to forfeit their bail money. This can happen in more than one way depending on the method used to bail out of jail.

Failing to Appear on a Bail Bond

If a person hires a bail bondsman to get them out of jail, they pay only a fraction of their bail premium. The bail bondsman covers the rest. When the person appears for court, the bail bondsman gets their money back. If the person fails to show up for court, they are legally responsible for paying back the money fronted by the bail bondsman, and in full. For example, if a defendant’s bail is set at $5000 and the bail agent charges a 10% fee, the defendant will pay $500 for bail bond services. But if they fail to appear for court, they must pay back the remaining $4500 in cash or collateral.

FTA’s and Cash Bonds

If a person foregoes the opportunity to hire a bail bondsman and instead pays the jail directly using a cash bond, they will have to pay for their entire bail premium out of their own pocket. Using the example above, this means the defendant would pay $5000 in cash or collateral to the jail. Once they appear for court, they will receive this money back in full. However, if they do not show up for court, they forfeit this money and do not get it back. Now that’s a serious consequence.

Criminal Penalties for FTAs

There are also potential criminal penalties for failing to appear for court after being bailed out of jail. These penalties differ among jurisdiction, but primarily involve fines and court ordered community service. It might also include jail time or additional misdemeanor charges.

Are you looking for a local bail bond company in Marion County that can get you or your loved one, out of jail faster than all the rest? Contact Woods Bail Bonds at 317-876-9600 for fast and secure bail bond service in Indianapolis, Indiana and its surrounding counties.

What are the Consequences of Bail Jumping in Indiana?

Posted on March 16, 2022 by admin

Failing to appear for a scheduled court hearing for a criminal charge will result in certain punishment. The extent of such punishment will vary depending on a wide range of factors, but mostly, it will depend on your excuse. Continue reading to learn how a criminal defendant might be penalized for jumping bail in Indiana, plus what you should do if you have just missed your court date while out on bail.

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Missing Court is a Failure to Appear

Missing a court hearing for criminal charges is recorded and labeled as a Failure to Appear (FTA), but if the defendant is released on bail, it is also regarded as bail jumping. When a criminal defendant does not show up for their scheduled court hearing, there are some expected legal consequences on both the criminal law side and the bail bond side. This applies whether their hearing is being held remotely via online video conferencing, or in-person at the attorney’s office or courthouse.

Missing a criminal hearing is serious business if you are the defendant. Not only can you get in trouble with the state, but you can also be penalized by the bail bond company that facilitated your release from jail. If you had a co-signer sign your bail bond agreement, they too can be held liable.

The Top 3 Consequences of Jumping Bail

Bail Bond Forfeiture

When a person is released on bond, they are promising to appear for court. If they do not show up for their hearing, they immediately forfeit their bond. This means they do not get their money back if they posted their bond directly with the jail. If they used a bail bond service, they are legally required to pay back the remaining bond premium in addition to the bail bond fee that has already been paid.

Criminal Charges

In addition to losing a massive amount of cash, which just adds to the legal fines and fees you will have to pay for come sentencing, bail jumping will also land you in more legal trouble. Not only will you still be facing your original criminal charges, but the state can pursue a separate set of criminal charges for skipping your court hearing. Two sets of criminal charges means more money, more penalties, and more time.

Delayed Criminal Justice

The whole point of showing up for court is to face your criminal charges, do your time, and move forward with your life. One of the main consequences of bail jumping is that your criminal charges take longer to go away. Jumping bail causes more legal chaos in your world, especially since they can bring on a separate set of criminal charges, thus prolonging the judicial process for your original charges. This is even worse for those who are innocent and must fight their charges for vindication.

Do you need to surrender to an arrest warrant or get a friend out of jail? Are you looking for the easiest and fastest way to do that? Contact Woods Bail Bonds at 317-876-9600 for the fastest and friendliest bail bond services in Indianapolis, Indiana. Request a free estimate or information, anytime.

Check Out This Fun and Informative Bail Bond Acrostic!

Posted on May 10, 2018 by admin

If you are confused about the word, “acrostic”, just think of it as an acronym, but in the form of phrases rather than singular words. To better understand what you need to know about the bail bonds industry, use this fun and educational acrostic below!

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B – Bail

Bail is the fee set by the presiding judge, and the money that must be pledged to the court on behalf of a defendant in exchange for a pre-release from jail following an arrest. If a defendant who is out on bail fails to appear for a scheduled court hearing, they forfeit their bail and will be rearrested and charged with an additional crime. Bail can be paid or pledged in the form of cash, collateral, or surety bond.

A – Agreement

When you bail someone out of jail using a bail bond company, you will be required to sign a legally-binding contract called a bail agreement. In the contract, you take on full responsibility for the person you are bailing out of jail. This means that if they do not appear for all scheduled court hearings, you are legally responsible for paying back the entire remaining bail amount.

I – Indemnitor

As someone who signs a bail bond agreement, you become an indemnitor. This is the co-signer (or guarantor) of the defendant who is responsible for all the terms and conditions of the bail contract. This includes paying back the bail premium in the case that the defendant fails to appear for court or skips bail.

L – Lien

A lien is a right to keep possession of property belonging to another person until a debt owed by that person is discharged. In the bail bond industry, this pertains to collateral. When a bail bond co-signer uses collateral such as a house or land, that collateral can have a lien placed against it if the defendant fails to appear for all scheduled court hearings and the cosigner cannot pay back the entire bail premium.

B – Bail Bond

You already know that bail is the fee set by the judge, and the money that must be paid for a release from jail while awaiting trial. However, a bail bond is a method of pledging or paying bail to the courts without having to pay the entire premium. Bail bonds are paid for in cash or collateral, and are non-refundable. For example, if the defendant’s bail is set at $10,000, a bail bond will cost anywhere from $1000 to $1,500 depending on the rate the bail agency uses. The remainder of the ten grand is backed by the bail bond company; but if the defendant fails to appear for court, the co-signer or guarantor (you) must pay back the rest of the money.

O – Own Recognizance

When a defendant is released from jail without having to post bail, but under the agreement that they will appear for all scheduled court hearings, it is called “ROR,” or being released on their “own recognizance” since they are being trusted to make the right choices. This privilege is at the discretion of the residing judge.

N – Notice of Forfeiture

A Notice of Forfeiture is a formal legal document sent by the court to the acting bail bondsman in the case that a defendant fails to appear for a scheduled hearing. It informs the representing bail bondsman that their client has been charged with an FTA (Failure to Appear), and must appear for court or pay the remainder of their bail amount.

D – Discharge of Bail Bond

Also known as “exoneration”, discharge of bail is simply the removal of all bail liabilities taken on under the bail bond agreement. When a defendant appears for all scheduled court hearings, completes their sentencing and court orders, and satisfies all other court and bail terms, the bail co-signer is exonerated from all responsibilities in regards to the defendant’s legal position. If collateral was used to obtain a bail bond, it is returned once the courts verify the bail bond discharge.

S – Surety

A surety is an individual or entity that pays bail for a defendant and then assumes responsibility of a defendant. A surety is also known as a co-signer, guarantor, or indemnitor. As a surety, you have a legal obligation to the courts and the bail bonds company that you will ensure the defendant appears for all scheduled court hearings and obeys all court orders until their sentence is completed.

Indianapolis Bail Bonds

Woods Bail Bonds 317-876-9600

Call Woods Bail Bonds at 317-876-9600 to get a loved one out of jail in Indiana. Our licensed Indianapolis bail bondsmen provide a wide range of bail bond services, including arrest warrant bail bonds, prearranged bail, and more. We also offer free jail pickup and drop off services, inmate searches, free jail information, notary services, free bail bond advice, and more. Request a free estimate, anytime.

What Do I Need to Do for a Bench Warrant?

Posted on August 17, 2016 by admin

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Bench warrants are arrest warrants, simply put. They are generally issued in criminal cases after a person violates a court order. The term “bench” is meant to refer to the judge’s bench, while the phrase is meant to imply that an offender is being called to the judge’s bench to answer for their crimes. In Indiana, bench warrants are mostly issued for FTA violations. The acronym “FTA” stands for “failure to appear.” It is when a person fails to appear for a scheduled court hearing following an arrest or criminal charge. When this happens, offenders can expect a judge to issue a bench warrant authorizing law enforcement to arrest them on sight.

The Difference Between Arrest and Bench Warrants

Many people confuse arrest warrants with bench warrants since they both authorize the arrest of an offender. But the difference between the two warrants is great. For a judge to issue an arrest warrant, they must rely on the state’s testimony and evidence. Whereas a judge can issue a bench warrant solely on the violation of the court order itself.
Also, arrest warrants are usually issued for more serious cases, and will cause law enforcement to immediately begin the search and detainment an offender. When facing a bench warrant, a person’s name is entered and flagged into a state-wide database that is used by the entire law enforcement community. If they have a random (or even innocent) encounter with police, for instance a routine traffic stop, police CAN and WILL arrest them and take them into custody on the spot.

What to Do

If you are facing a bench warrant in Indiana, it is in your best interest to surrender to law enforcement as soon as possible. The safest and most comfortable method for turning yourself in is using the help of a local and experienced Indiana bail bond company. They can pre-arrange your release from jail so that you can turn yourself in, get booked into the jail’s system, and be home in time for supper. In most cases, an experience bail bondsman can obtain a release from jail for a bench warrant in as little as a couple of hours. This, of course, also depends on how busy the jail is that day and the amount of jail staff.

Many companies also offer free pickup and drop off services to and from the jail, to their office. This means you can easily drive yourself to the bail bond office, pre-arrange your bail bond, and get bailed out of jail, all on your own. Once you pay the bail for your bench warrant, the warrant is formally recalled. But then you will be scheduled a new court date to face your previous charges, as well as, the penalties for missing your initial hearing.

Woods Bail Bonds

Indiana Bail Bonds 317-876-9600

Call Woods Bail Bonds at 317-876-9600 to prearrange a bail bond in Indianapolis, Indiana. Owner, James Woods, and his team of bail bondsmen, are licensed, insured, and bonded. They have served the Hoosier counties with trusted bail bond services for over 30 years! Whether you need to prearrange bail or post bail for a loved one, we are the friendly professionals for the job. We provide 24 hour bail bond services in virtually ALL Indiana counties, as well as, a wide range of additional services. Call 317-876-9600 to learn more about Indianapolis
bail bonds, any time.