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Indiana Motion to Revoke Bond When Charged with First Degree Felony

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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Keywords: Indiana, Motion to Revoke Bond, First Degree Felony, Charged, Description, Types Description: Indiana Motion to Revoke Bond When Charged with First Degree Felony is a legal process that occurs when an individual who has been charged with a first-degree felony has their bond revoked. This motion is filed by the prosecution and typically takes place before the trial to ensure public safety and the defendant's appearance in court. When someone is charged with a first-degree felony in Indiana, the prosecution may request a Motion to Revoke Bond based on certain grounds. These grounds can include: 1. New Criminal Charges: If the defendant is arrested or charged with new criminal offenses while already out on bond, the prosecution may argue that their actions demonstrate a risk to public safety. This could lead to the motion being granted and the bond being revoked. 2. Violation of Bond Conditions: If the defendant fails to comply with the conditions of their bond, such as attending court hearings, meeting with their probation officer, or staying away from certain individuals or locations, the prosecution may argue that they have violated the terms of their release and pose a threat to the community. 3. Flight Risk: If the prosecution can provide evidence that the defendant is likely to flee the jurisdiction or has the means and motive to do so, they may argue for a motion to revoke bond. Factors such as the seriousness of the charges, the defendant's criminal history, and their financial resources may be considered in determining flight risk. 4. Threat to Witnesses or Victims: If there is evidence to suggest that the defendant has engaged in witness intimidation, tampering, or harassment, the prosecution may argue that the defendant's release on bond would jeopardize the safety and cooperation of witnesses or victims. 5. Public Safety Concerns: In cases where the first-degree felony charge involves extreme violence, weapons, or poses a significant risk to the community, the prosecution may seek a motion to revoke bond to protect the public from potential harm. It is important to note that the decision to grant or deny a Motion to Revoke Bond ultimately rests with the judge, considering the specific circumstances of the case and the arguments presented by both the prosecution and defense. If the bond is revoked, the defendant will be remanded into custody until their trial or until a new bond hearing is granted. In summary, Indiana Motion to Revoke Bond When Charged with First Degree Felony is a legal process that is initiated by the prosecution to request the revocation of a defendant's bond due to factors such as new criminal charges, violation of bond conditions, flight risk, threats to witnesses or victims, or public safety concerns. The judge will evaluate these grounds and make a decision based on the best interest of justice and community safety.

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It is important to contact an experienced attorney to represent you and defend you against prosecution. Common reasons for revocation of probation include: Failure to Pay Court Fees and Fines. Having a Positive Urine Test for Drugs or Alcohol. Committing a New Offense.

More specifically, the law states that if the person violates their probation during the probationary period, a petition to revoke their probation can be filed either one year following the termination of their probation or 45 days after the state has been made aware of the violation, whichever occurs first.

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.

In legal terms, a revocation hearing can refer to either a probation revocation hearing or a parole revocation hearing. As such, a revocation hearing is a court hearing before a criminal judge in which the judge decides whether or not to revoke an individual's probation or their parole.

A petition to revoke is a document filed by a prosecutor in a criminal case. When a person is on probation, conditional discharge or supervision he or she must abide by a set of conditions to avoid the full penalty allowed by law in a particular case.

(a) Upon a showing of good cause, the state or the defendant may be granted an alteration or revocation of bail by application to the court before which the proceeding is pending. In reviewing a motion for alteration or revocation of bail, credible hearsay evidence is admissible to establish good cause.

Generally, per Indiana Code 35-41-4-2, prosecution for an offense is forbidden unless it is commenced within five years after the commission of a Level 3, 4, 5, or 6 Felony offense. For misdemeanor offenses, the statute of limitations is two years after the commission of the offense.

The Indiana courts can be harsh on those who are considered to have violated the rules of their probation. You can be sent back to prison or given a longer sentence. Furthermore, probation violations can make it much more difficult to expunge your record in the future.

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Mar 12, 2017 — That request must be made in writing by way of a pleading and must be filed in the court where the matter is pending. Once that request is made, ... In reviewing a motion for alteration or revocation of bail, credible hearsay evidence is admissible to establish good cause. (b) When the state presents ...The party first filing such motion shall strike first, and the action shall be sent to the county remaining not stricken under such procedure. If a moving ... Failure of the defendant to appear may result in revocation of bond, an increase in bail, and/or the issuance of a warrant. An attorney representing a defendant ... Bond revocation is something that can happen before a criminal trial. When a person is charged with a crime, they're typically granted bond. Jun 15, 2021 — If the first appearance judge does not revoke the person's bond, the prosecutor can file a Motion for Pretrial Detention. The motion has to ... Jan 23, 2023 — Laws relating to Indiana probation violation consequences can be found in Indiana Code 35-38-2-3, which states that court may revoke a person's ... (2) the petition to revoke probation is filed during the probationary period or before the earlier of the following: (A) One (1) year after the termination of ... by MA Toborg — If the offense charged is a felony, on motion of the prosecuting attorney, the ... If ~O, and if an order to revoke bail on the pending charge is issued, the ... For any person charged with a class D felony, and charged with being an Habitual. Offender, bail is to be set at an additional Ten Thousand Dollars ($10,000.00) ...

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Indiana Motion to Revoke Bond When Charged with First Degree Felony