Indiana Motion to Release Defendant and Set Reasonable Bail

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Multi-State
Control #:
US-02728BG
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Word; 
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Description

A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a second deed of trust or mortgage on one's house.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Criminal Procedure, which have been adopted by most states in one form or another.

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FAQ

Own Recognizance (OR) A person is granted release on their own recognizance when the judge releases them with no money bail or conditions. The person is simply released and can fight their case outside of custody.

For minor offenses, the court may release you on your own recognizance without posting bail. You still have to appear in court for any upcoming hearings, and failure to show up could mean a warrant for your arrest.

?Bail? is money or property that a defendant puts up as a promise to return for future court dates.

In general, bail may not be set higher than the amount reasonably required to (1) assure the defendant's appearance in court or (2) assure the physical safety of a person/the community if the court finds that the defendant poses a risk to the safety of that person/community.

Your employment status/history and ability to pay bail. Your family ties and relationships. Your character, reputation, habits and mental condition. Your criminal or juvenile record, insofar as it demonstrates instability and a disdain for the court's authority to bring you to trial.

(C) Defendant Not in Jail - One year limit. No person can be held on recognizance or otherwise to answer a criminal charge for a period in aggregate exceeding one year from the date the criminal charge against such defendant is filed, or from the date of the arrest on such charge, whichever is later.

Release on recognizance (ROR) ? The court releases some defendants on a signed agreement that they will appear in court as required ? [which] includes citation releases in which arrestees are released pending their first court appearance on a written order issued by law enforcement or jail personnel.

Simply put, OR release is no-cost bail. Defendants released on their own recognizance need only sign a written promise to appear in court as required. No bail has to be paid, either to the court or to a bail bond seller. However, all other aspects of bail remain the same.

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Indiana Motion to Release Defendant and Set Reasonable Bail