Indiana Code - Criminal Law and Procedure - Title 35, Section 35-33-8-4 - Indiana Attorney Resources

Indiana Code - Criminal Law and Procedure - Title 35, Section 35-33-8-4

Amount of bail; order; indorsement; facts taken into account

Sec. 4. (a) The court shall order the amount in which a person
charged by an indictment or information is to be held to bail, and the
clerk shall enter the order on the order book and indorse the amount
on each warrant when issued. If no order fixing the amount of bail
has been made, the sheriff shall present the warrant to the judge of
an appropriate court of criminal jurisdiction, and the judge shall
indorse on the warrant the amount of bail.

(b) Bail may not be set higher than that amount reasonably
required to assure the defendant's appearance in court or to assure the
physical safety of another person or the community if the court finds
by clear and convincing evidence that the defendant poses a risk to
the physical safety of another person or the community. In setting
and accepting an amount of bail, the judicial officer shall take into
account all facts relevant to the risk of nonappearance, including:
(1) the length and character of the defendant's residence in the
community;
(2) the defendant's employment status and history and his
ability to give bail;
(3) the defendant's family ties and relationships;
(4) the defendant's character, reputation, habits, and mental
condition;
(5) the defendant's criminal or juvenile record, insofar as it
demonstrates instability and a disdain for the court's authority
to bring him to trial;
(6) the defendant's previous record in not responding to court
appearances when required or with respect to flight to avoid
criminal prosecution;
(7) the nature and gravity of the offense and the potential
penalty faced, insofar as these factors are relevant to the risk of
nonappearance;
(8) the source of funds or property to be used to post bail or to
pay a premium, insofar as it affects the risk of nonappearance;
and
(9) any other factors, including any evidence of instability and
a disdain for authority, which might indicate that the defendant
might not recognize and adhere to the authority of the court to
bring him to trial.

As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.221-1996,
SEC.3.

Last modified: May 24, 2006