Indiana Motion to Release Defendant and Set Reasonable Bond

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Multi-State
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US-02735BG
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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 bond 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

Your Bond Must Be A Reasonable Value The Indiana Supreme Court has held that bonds must be reasonable. If a bond amount is unreasonably high, it may be seen as overstepping the intended purpose of ensuring your attendance at court.

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.

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.

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

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.

Once they process the person into jail, it's possible to post bail through a sheriff or clerk's office before attending an initial hearing. If the person doesn't have enough cash to pay for bail, he or she can call a bond agent or family or friend from jail for help.

Personal Bond: The defendant is released upon signing a bond, which states that he or she will be liable for criminal, and in some cases civil, penalties if he or she fails to appear in court.

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.

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Indiana Motion to Release Defendant and Set Reasonable Bond