Bond, Initial Hearing, and Pre-Trial Release in Indiana

When someone is arrested in Indiana, one of the first questions they or their family members ask is: “When can I get out?”
The answer depends on several legal steps that unfold quickly—often within the first 24 hours. Understanding how bond, the initial hearing, and pre-trial release work is essential for anyone navigating the criminal justice system for the first time. A knowledgeable criminal defense lawyer can dramatically influence how these early stages unfold and whether someone remains in custody while their case is pending.

Bond—sometimes called “bail”—is the amount of money a defendant must post to be released from jail before trial. In Indiana, bond serves two main purposes:

1. To ensure the defendant appears for all court hearings
2. To protect the community when the judge believes there may be safety concerns
    

Bond is not meant to punish a person; punishment can only occur after conviction. But the reality is that the bond amount can shape the entire trajectory of a case.

In Indiana, bond may be set by:

• A judge, usually within 24 hours of arrest
• A pre-set bond schedule, used for lower-level charges
• A prosecutor’s request, arguing for higher bond
• A criminal defense lawyer, arguing to reduce bond or allow release without payment
   

Each county uses a combination of these methods. For less serious misdemeanors, officers may release someone immediately without forcing them to see a judge. For felonies, defendants almost always wait to appear in court.

Indiana courts generally use three types of bond arrangements:

The full amount must be paid up front.
Example: If bond is set at $2,000 cash, the defendant must pay $2,000 to be released.

This type involves hiring a bail bondsman, who typically charges 10%–15% of the total bond.
Example: If bond is $10,000 surety, the family might pay a bondsman $1,000–$1,500, but that money is not returned.

This is the best possible outcome at the bond stage: the defendant is released without paying anything.

A skilled criminal defense attorney may argue for this option by showing:

• Stable employment
• Community ties
• A lack of criminal history
• The absence of risk to the public
• Strong family support
   

Judges are more likely to grant O.R. release for misdemeanors and non-violent offenses.

Once someone is arrested, the jail’s booking process begins. A defendant may sit in jail until:

• A judge sets bond based on probable cause 
• A prosecutor files charges
• The court schedules the initial hearing
   

Indiana law generally requires that a judge review a case within 48 hours, but many counties move faster.

The initial hearing—sometimes called the “arraignment”—is often the defendant’s first appearance before a judge. During this hearing, the judge will:

The judge explains the exact crimes the defendant is accused of committing, along with their felony or misdemeanor levels.

Including:

• The right to remain silent
• The right to a trial
• The right to an attorney
• The right to bail (in most cases)
   

This is the most critical moment early in a criminal case. The judge may:

• Keep the bond as originally set
• Lower the bond
• Raise the bond
• Order no contact with alleged victims
• Grant or deny O.R. release
• Set conditions for pre-trial release
   

This is where having a criminal defense lawyer present can make a significant difference.

If the defendant cannot afford one, the court may appoint a public defender.
However, many people choose to hire their own criminal defense attorney for more personalized representation.

Indiana judges evaluate several factors:

A first-time offender is more likely to receive leniency.

Violent crimes, gun cases, and drug-dealing charges often result in higher bond.

Judges want reassurance the defendant will not flee.

Stable work suggests stability.

These may lead the judge to impose treatment requirements.

If someone is considered dangerous, the judge will likely impose a high bond or deny release altogether.

Skipping court in the past almost always results in higher bond.

If the initial bond is unreasonably high, a criminal defense lawyer can request a bond reduction hearing. At this hearing, the defense presents evidence supporting a lower bond or O.R. release.

A lawyer may present:

• Letters from employers
• Testimony from family members
• Proof of residence
• Medical records
• Rehabilitation or treatment plans
• Character references
   

The prosecution will argue the opposite.

These hearings are often where skilled advocacy makes the biggest difference in early case outcomes.

Even when a defendant is granted bond, release is often conditional. Indiana courts may impose:

• No-contact orders
• Drug or alcohol testing
• GPS ankle monitoring
• House arrest or curfew
• Counseling or treatment programs
• Restrictions on possession of firearms
   

A criminal defense attorney may request changes to these conditions if they are too burdensome or unnecessary.

Violations can include:

• Missing a court date 
• Failing a drug test 
• Contacting a protected person
• Leaving the state without permission 
• Breaking house arrest rules
   

Consequences may include:

• Immediate re-arrest
• Higher bond
• Revocation of release
• Additional criminal charges
   

A criminal defense lawyer often steps in quickly to mitigate the consequences and negotiate alternatives.

Although defendants have the right to a public defender, hiring a dedicated criminal defense attorney early in the process often leads to better outcomes.

An attorney can:

• Argue for lower bond or immediate release
• Ensure timely communication with the jail
• Challenge questionable probable cause findings
• Advocate for pre-trial services instead of financial bond
• Protect the defendant from making harmful statements
• Begin building a defense immediately
   

The bond and initial hearing stage is often the moment where cases take a decisive turn—either toward freedom or prolonged incarceration.

Bond, initial hearings, and pre-trial release in Indiana are foundational steps that shape everything that follows in a criminal case. Understanding how these decisions are made—and having a skilled criminal defense lawyer advocating for the defendant—can be the key to securing release and building a strong defense strategy. Families navigating these early hours often feel overwhelmed, but the guidance of an experienced criminal defense attorney helps ensure that the defendant’s rights are protected from the very beginning.

If you or a loved one is facing criminal charges, the Kutsenok Law Office is here to help. We are located in Fort Wayne, Indiana and we service Allen County, Adams County, Huntington County, Wells County, DeKalb County, Whitley County, Noble County, Steuben County, and all other counties in Northeast Indiana. 📞 Call 260-443-1676 today to get started.