If you are in need of a top rated criminal defense attorney in Indiana, call me at 317-695-7700 for a free consultation. I have been a criminal attorney in Indiana for my entire legal career, have almost two decades of experience, taught criminal law at the IU McKinney School of Law, and was selected as one of the Top 100 Attorneys by the National Trial Lawyers Association. I have conducted thousands of bond reviews over the course of my career and tuaght how to do bond reviews in my course at the law school.
Understanding Criminal Bond and Pretrial Release in Indiana
If you or a loved one are facing criminal charges in Indiana, understanding the processes for bond and pretrial release conditions is crucial for securing release from custody. This page provides an in-depth explanation of the various types of bond and the common release conditions a court may impose.
Types of Bond in Indiana Criminal Cases
The court sets a bond to ensure the defendant appears for all scheduled court dates. In Indiana, there are several methods for posting bond, each with distinct requirements and financial implications.
1. OR / Release on Own Recognizance
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Definition: Also known as Personal Recognizance (PR) bond, this is essentially a “get out of jail free” arrangement. The defendant is released based solely on their written promise to return to court for all required appearances.
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Legal Basis:
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IC § 35-33-8-3.2(a)(7): Requires a court to release the defendant on personal recognizance unless the State presents evidence of a risk of nonappearance or a risk to public safety, and the court finds that risk exists by a preponderance of the evidence.
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Indiana Rule of Criminal Procedure 26(a): Advises that if an arrestee does not present a substantial risk of flight or danger, the court should release them without money bail or surety. Exceptions include charges for murder or treason, or if the defendant is already on another form of community supervision.
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2. Cash Bond
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Requirement: The defendant must pay 100% of the set bond amount directly to the court clerk.
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Disposition of Funds: The clerk holds the money.
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Refund: The full amount (minus court costs, fines, and fees) is returned to the payer at the conclusion of the case, provided the defendant has not violated any release conditions. Theoretically, attorney fees can be paid from a cash bond.
3. Personal Recognizance (PR) Bond
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Requirement: The defendant or a surety must pay a percentage of the total bond (often 10%) to the court clerk.
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Risk: If the defendant violates the bond conditions, the clerk may pursue the person who paid the 10% for the remaining 90% of the full bond amount.
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Refund: Similar to a Cash Bond, the money is returned (minus court costs, fines, and fees) at the end of the case if there are no violations. Attorney fees can also theoretically be paid from a PR bond.
4. Surety Bond
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Requirement: The defendant pays a non-refundable percentage (usually 10%) of the total bond amount to a licensed bail bondsman.
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Key Difference: The bondsman permanently keeps this money as their fee. They post the full bond amount with the court.
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Risk: If the defendant misses a court date, the bondsman is financially responsible for the full bond amount and may employ a bounty hunter to locate and return the defendant to custody.
5. Split Bond
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Definition: A combination of any of the bond types listed above.
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Example: A judge could order a $10,000 bond, with half designated as PR and half as Surety. This would require a $500 deposit with the court clerk and a $500 payment to a bail bondsman.
Bond Matrix (Marion County)
The Bond Matrix is a standardized scoring tool generally used in major felony courts in Marion County, Indiana. This is a point-based system where points are gained or lost based on factors such as:
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Length of time living in Marion County
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Residential status
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Prior felony convictions (5 or more)
The resulting score generates a recommendation for the bond amount. Some judges complete the matrix themselves, while others delegate this task to the attorneys.
Common Pretrial Release Conditions
In addition to setting a bond amount, the court may impose specific pretrial release conditions designed to protect the community and ensure the defendant’s future appearances.
| Condition | Description and Common Use Cases |
| GPS Monitoring | The defendant wears an ankle bracelet that tracks their location. This is often used in cases involving an alleged victim (e.g., domestic violence cases) to create “exclusion zones” the defendant is not allowed to enter. |
| Home Detention | A higher level of monitoring where the defendant’s movement is restricted to certain zones, generally home and work (with specific exceptions for essential activities like church, daycare, or grocery shopping). |
| Daily Reporting | The defendant must check in with a community corrections facility once a day and is often required to take a drug test. This is sometimes ordered for individuals who are unemployed, homeless, or, less commonly, for pregnant defendants with drug use issues. |
| Drug Testing | Can be random or scheduled. Used to monitor substance use while on release. |
| Alcohol Monitoring | Because alcohol is metabolized quickly, standard drug tests are often ineffective for chronic monitoring. The court may order special bracelets or breath-testing devices that the defendant must blow into multiple times per day (often used in OVWI/DUI cases). |
| No Contact Order | A strict court order prohibiting all contact—direct or indirect—with alleged victims and/or witnesses. This is standard in most domestic violence cases. Violation is a serious, new criminal offense. |
| Surrender of Objects | The court can require the surrender of items like a firearm, handgun license, or passport to the property room. |
Standard Bond Review Questions
During a bond review hearing, the judge or attorneys will often ask a standardized list of questions to assess the defendant’s flight risk and danger to the community.
Questions for the Defendant
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Are you currently on probation or parole?
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Do you have any other open or pending criminal cases?
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Have you ever missed a court date in the past?
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Do you own, possess, or have access to any weapons or firearms? (This relates to handgun licenses as well.)
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Do you have any problems with drugs or alcohol?
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Are you currently employed/in school, and will that employment be available upon release?
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If released, where will you be staying?
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If there is an alleged victim, how far away is that location from their residence? (If you live together, where can you legally stay if a No Contact Order is issued?)
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Do you understand and agree to abide by all potential pretrial release conditions (e.g., GPS, Home Detention, No Contact Order)?
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Specific to No Contact Orders: Do you understand this prohibits all contact (phone, text, social media, having friends contact them), and you must leave any location immediately if the alleged victim appears? What do you understand will happen if you violate it?
Questions for Other Witnesses (Family, Friends, etc.)
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How long and in what capacity have you known the defendant?
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Do you believe the defendant has any problems with drugs or alcohol?
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Do you believe the defendant is a risk of safety to themselves or others?
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Do you want a No Contact Order and/or Pretrial Release Conditions imposed, and why?
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If a bond is set, what is the most you and your family anticipate being able to pay?
Speak with an Indiana Criminal Lawyer
If you have urgent questions about criminal law, bond, or pretrial release conditions and need to speak to an experienced Indiana criminal lawyer, contact me for a free consultation.
Phone: 317-695-7700
Email: jeffcardella@cardellalawoffice.com
Address: 350 Massachusetts Ave #357, Indianapolis, IN 46204
I handle cases throughout all of Indiana, including the Federal District Courts and the Seventh Circuit Court of Appeals. The main geographic areas that I practice law in are:
- Indianapolis, Indiana (for both Criminal Defense and Expungement)
- Noblesville, Carmel & Fishers, Hamilton County, Indiana (for both Criminal Defense and Expungement)
- Danville, Plainfield & Avon, Hendricks County, Indiana (for both Criminal Defense and Expungement)
- Franklin & Greenwood, Johnson County, Indiana (for both Criminal Defense and Expungement)
- Muncie, Delaware County, Indiana (for both Criminal Defense and Expungement)
- Bloomington, Monroe County, Indiana (for both Criminal Defense and Expungement)
- Anderson, Madison County, Indiana (for both Criminal Defense and Expungement)
- Lebanon & Zionsville, Boone County, Indiana (for both Criminal Defense and Expungement)
- Shelbyville, Shelby County, Indiana (for both Criminal Defense and Expungement)
- Martinsville, Mooresville & Morgantown, Morgan County, Indiana (for both Criminal Defense and Expungement)