Author Archives: Indiana Bail Bonds

What Is a Weapons Charge?

A Woman Pulls a Gun From a Backpack.

What is a weapons charge?

In general, a weapons charge is a violation of any law regarding weapons. While people have the right to bear arms, weapons violation charges fall under two categories in most states, possession and use. Under certain circumstances in Indiana you might face weapons charges. For instance, you must have a license to carry a handgun or an electronic weapon like a Taser. If you are caught carrying such weapons without a license you could get charged with a Class A misdemeanor.

Those charges could be elevated to a Level 5 felony if you’ve had a prior conviction or license violation, for example, or Level 6 if you carry a weapon onto school property unless you are authorized to do so. If you threaten someone with any type of weapon or use a weapon to injure someone, you could face a variety of charges including aggravated assault with a deadly weapon. If you find yourself in jail on weapons charges and need weapons violation bail in Avon and Indianapolis, IN, you can get immediate help from the professionals at Indiana Bail Bonds. Our bail bond services are available 24/7. Get bonded out by calling 317-423-9300.

What does unlawfully carry a weapon mean?

While Indiana’s gun laws are fairly permissive, you still have restrictions imposed. Handguns and weapons like Tasers, for instance, require a license to carry them in public. It is unlawful to carry these weapons without a license, and under certain circumstances, as on school property, you aren’t permitted to carry a weapon even with a license, unless you’ve been authorized to do so. It’s also unlawful to carry a firearm if you’ve had a previous license or weapons violation or if you’ve been convicted of a violent felony offense. Handguns and Tasers aren’t the only weapons that have restrictions on them that make it unlawful to carry them in some instances. Some weapons like switchblades are illegal to possess or use no matter the circumstance.  

What is considered an illegal weapon?

In Indiana, some weapons as well as some types of ammunition are illegal to possess or use. These weapons include:

  • Switchblades
  • Angle-bladed throwing knives (throwing stars)
  • Machine guns
  • Armor-piercing ammunition

Are burst weapons legal?

State laws vary on restrictions of automatic weapons. When guns fire more than one bullet when the trigger is squeezed, that mode is considered burst fire. In Indiana, burst weapons like machine guns are illegal to possess or use. If you are caught in possession of a machine gun might be charged with a Level 5 or Level 4 felony weapons violation. 

Can a civilian buy a grenade?

In general, under the federal National Firearms Act a civilian cannot possess “destructive devices,” which includes military-style hand grenades. But, civilians might be able to own or even build for themselves non-military devices that might be considered grenades. This depends on how judges in a local federal court define the term “destructive device”.

Aggravated weapons violation

In most states, you’ve committed an aggravated weapons violation if you use a weapon or threaten to use a weapon to injure a person. Weapons could include anything from firearms or knives or clubs to other objects used to harm a person. The charges can vary from aggravated assault to aggravated assault with a deadly weapon. Depending on the severity of the attack, your charges could be felonies or misdemeanors. 

Indiana has specific laws that regulate brandishing a firearm. It is illegal to point a gun at a person. Exceptions include being a police officer or using the weapon to defend yourself in your home, for instance, when someone breaks in. If your firearm is loaded and you point it at someone you could face Level 6 felony charges. An unloaded firearm can lead to Class A misdemeanor charges. 

Concealed weapons violation

In its gun laws, Indiana does not differentiate whether a gun is openly displayed or concealed when it comes to weapons violations. The primary concern is whether or not a person has a license to carry the weapon. If they hold a license, as long as they aren’t in violation of other laws, they can carry the gun in the open or conceal it. Carrying an unlicensed firearm is generally a Class A misdemeanor.

Weapons violation probation

Under Indiana law, if you are on probation for a felony offense, as a standard term of probation you typically cannot possess a firearm of any kind. This is especially the case if you’ve committed a violent offense. 

If a person on probation lives with someone who possesses a firearm, they are in violation of the terms of probation as well. The probationer must inform the other person about the weapons violation, and the other person must get rid of the firearm. Otherwise, the probationer cannot stay in the home. 

Switchblade Knives are Illegal in Indiana.

What are federal weapons charges?

If you have a federal weapons violation, you could be accused of several possible offenses in regard to possessing, using, distributing, or selling firearms or other deadly weapons. If you are charged in a federal case, you will be tried in a federal court rather than in a state court. 

Whether you’ve been jailed on federal or state charges, if you need bail for a weapons violation in Avon and Indianapolis, IN, you can get help fast from Indiana Bail Bonds. We are available 24/7. All you need to do is call 317-423-9300.

Arrest Warrant vs Bench Warrant

money for bench warrant

Understanding Your Options

Let’s begin this article by answering the question, “What is a warrant?” and then we can discuss the differences between Bench warrant vs arrest warrant. A warrant in terms of the law is a writ issued by a judge that permits law enforcement personnel to arrest a person suspected of some crime, perform an evidence search of a specific location, or seize property that has suspected ties to a legal case. 

What is a bench warrant?

A judge issues a bench warrant authorizing the arrest of a person accused of a crime or for failure to appear in court. It is called this because it is issued from the bench by the judge while in the court. 

Is there a difference between Bench warrant vs arrest warrant? Yes, an arrest warrant is issued when there is reason to believe a person has committed a crime after a proper investigation has been performed. This formal document is issued by a judge and given to law enforcement to arrest the person stated on the warrant. Unlike a bench warrant, the person named on the arrest warrant may or may not be advised.  

A bench warrant is typically issued by a judge sitting on the bench for any of the following:

  • Failure to pay a previously determined fine.
  • Failure to appear in court at a date and time determined previously. 
  • Failure to appear in court after a personal order by an attorney and judge.
  • Failure to appear in court to provide proof of enrollment, completion, or progress of community service; and
  • Failure to appear in court as dictated on a citation issued by a police officer.

A judge will have set bail when they issue a bench warrant, meaning this amount must be paid when the defendant appears in court or post bail. Retaining a criminal defense law firm as soon as you are arrested is always recommended. 

bench warrant arrest

Can you go to jail if you have a warrant?

Yes, that is one of the reasons a judge issues an arrest warrant or bench warrant. It is a legal document that authorizes law enforcement to take a person into custody for violating the law or the rules of a court. Generally speaking, it’s usually issued when the defendant does not show up for their court date.

How do you find out if you have an arrest warrant in Indianapolis?

A current arrest warrant or bench warrant information is available on the website http://mycase.in.gov, with exceptions of the courts indicating the warrant is confidential. A summary of the case is listed on this site of all criminal cases.  

Other ways to find out if a person has an arrest warrant or bench warrant is calling the judicial location where a warrant is suspected, like a city or county jail. An attorney or bail bondsman can make inquiries of arrest warrants on behalf of a person, usually for a fee.  Or anyone that wants to see if an arrest warrant or bench warrant has been issued for them can go to the closest jail and inquire. There is a chance of being arrested and taken into custody. 

How long do you get for failure to appear?

In the state of Indiana, missing a scheduled criminal court date is a serious matter resulting in an additional criminal offense charge for failure to appear. You can expect additional jail time and additional fines to be imposed that are separate from any original charges with a bench warrant issued for your arrest.

Any additional charges and fines imposed will depend on the original charge. If the original charge were a misdemeanor, the additional charge and fine won’t be as severe as they would be if the original were a felony charge. A battery charge would make the additional charge more severe than misdemeanor charges.

  • Failure to Appear Misdemeanor
    • If your original charge were a misdemeanor, the failure to appear would be a Class A misdemeanor. Class A misdemeanor is subject to punishment up to twelve months behind bars plus a fine not exceed $5,000.
  • Failure to Appear Felony
    • If the original charge was a felony, a failure to appear is a Class D felony. A Class D felony can be punished with six months to three years in prison with a fine not to exceed $10,000.

With a misdemeanor or felony failure to appear, the sooner you turn yourself in, the more room for bargaining you may have, especially with the services of a defense attorney. 

Does failure to appear to go on your record?

Yes, a failure to appear will result in a bench warrant for your arrest, making the failure to appear a criminal offense. As we stated earlier, depending on if the original charge were a felony or misdemeanor would determine what your punishment will be for the failure to appear. 

bench warrant

Last Words on Bench Warrant Issued

Is there bail for bench warrants? A bench warrant is like an arrest warrant, giving law enforcement authority and directions to arrest a person and take them into custody. They will be presented to the judge, and at that point, the judge will determine if bail is possible or not. Since the person was no-show for the original court date, without a good solid reason for missing that court date, the judge is unlikely going to state bail. 

To find out How to get a bench warrant dismissed, contact a criminal defense attorney. They can file a motion with the courts, and in most cases, if the defendant doesn’t have an extensive criminal history, they will probably be successful.  

How Does a Federal Bail Bond Work?

federal bail bonds

How Does a Federal Bail Bond Work?

If you are in need of federal bonds, it will be important for you to consider how the whole process works. Federal criminal cases will differ from state charges in that there is no set system of bail or bail bonds in federal cases. Typically, in a state offense case, an individual will get arrested and then a judge will set an amount for the bond. After a bail bondsman has been contacted, or an individual has posted bail, the defendant will be free to go. There is no set system for a bond in federal cases.

However, if the question pertains to corporate surety bonds or federal bail bonds, the process is different. This particular bond functions like a state bail bond where insurance is purchased and submitted to the court as a financial guarantee. In federal court, the surety bond will guarantee that the individual not only appears at court but also adhere to the conditions or “performance” of bail.

Can You Bail Out on Federal Charges?

Are you wondering whether or not you can bail out on federal charges? The answer may surprise you. In a trial of a federal nature, the jury must make a unanimous decision to return a guilty verdict. If the verdict is innocent, then the defendant will be released. If the verdict deems that the defendant is guilty, then the defendant will be taken into custody and must await sentencing.

Is There Bail in Federal Court?

The circumstances of each case, whether federal or state, will be different. If an individual is considered a flight risk, or likely to run away, then they will not be granted bail. In federal court, the courtroom will set a bail amount. A signature bond may be enough in federal court. Signature bonds are just a promise to return without the need for putting forward any collateral. Under such circumstances, the court will set the bail amount and the defendant may be allowed to sign a document. This document must promise to pay that bail amount to the federal government if for any reason he or she fails to show up to all the court proceedings.

How Much Does a $500 Bail Bond Cost?

Are you wondering what a five-hundred-dollar bond is? Bail, which is also known as a bond, is the money that is charged by the state to release a person from custody while their case is being cycled through the criminal case proceedings. If a five-hundred-dollar bail has been set, then the defendant must pay five hundred dollars. This is unless they use a bail bondsman. The logic on the bail bond process follows that their money will be returned by the court when their case is finished.

Can You Bail Someone Out With No Money?

Unfortunately, the criminal justice system is not fair to those who live in poverty. If the bail for a crime has been set very high, and there is no money to pay a bail bondsman, then the person will have to remain in jail. Using a bail bondsman is a very good solution if you don’t have enough money to pay the full amount of bail. A bail bondsman will only charge ten percent of the total amount of bail from the outset. This can be quite affordable given the circumstances of the relatives or friends of the defendant.

Federal Bail Bondsman

Are you looking for a federal bail bondsman? It will be important for you to search for one in your area. Corporate surety bonds, also known as federal bail bonds are a financial guarantee to the court that the defendant will appear in court. This is backed up by an insurance policy that is written by a bail bond agency.

Federal Bail Bond

There are a number of different crimes that will qualify for federal level penalties. Please review the following list of crimes to discover more about the justice process.

  • Money laundering.
  • Kidnapping
  • Computer crimes.
  • White-collar crimes.
  • Tax evasion.
  • Counterfeiting.
  • Identity theft.
  • Bank Robbery.

There are many examples of crimes that merit a federal penalty. Thus, it will be important for individuals to adhere to their civic duty and not break the law, federal or otherwise.

Federal Bail Bonds Near Me

If you are looking for federal bail bonds near you, it will be important for you to either review your options using an internet search or to ask a friend or neighbor for a referral. It’s always best to use an experienced company so that you can have the easiest time through the process.

federal bail bonds

Federal Bail Bonds

It is certainly best to follow the straight and narrow path whenever possible. If, however, you find yourself in a situation where you need assistance with a federal bail bond, our team are here to help.

If you need help with federal bail bonds in Avon and Indianapolis, IN, we are here to help. Please reach out to us at 317-423-9300.

Can You Go to Jail if You Have a Bench Warrant?

bench warrant

Can You Go to Jail if You Have a Bench Warrant?

It’s important to start off with a definition of what a bench warrant is. A bench warrant will direct law enforcement to take an individual into custody after they have violated the rules of the court. Generally speaking, it’s usually issued when the defendant does not show up for their court date. Once a bench warrant is issued, the police can use a bench warrant like an arrest warrant. If you do have a bench warrant, it will be important for you to address it and clear it up as soon as possible. Even if you are not actively sought for arrest, the bench warrant will continue to persist until the judge recalls the bench warrant. If you are deemed to be not respecting the judge’s orders, you could have more sentencing added to your current punishment. It could be jail time, probation, or higher fines.

How Long Do You Go to Jail for a Bench Warrant?

If you are wondering how long you can go to jail for a bench warrant, there are answers. If there is zero attempts to appear within two weeks of your court appearance date, then there is a penalty. The maximum penalty can be a $1,000 fine and six months in the county jail. 

What Does it Mean if You Have a Bench Warrant?

If you have found yourself facing a bench warrant, it means that law enforcement has been directed to take you into custody for failing to appear in court.

What is the Difference Between a Bench Warrant and a Warrant?

Would you like to discover the difference between a bench warrant and a warrant? Please review the following bullet points to learn more.

  • Arrest warrants order for someone to be put into detention based upon suspicions of criminal activity.
  • Bench warrants are issued by a judge when a defendant is found to have not shown up for their day in court.

Will Cops Come to Your House for a Bench Warrant?

It is very unlikely that a cop or policeman will show up to your home for a bench warrant. However, it remains critically important for defendants to address their bench warrants as soon as possible. Once the judge sees evidence of good behavior, it is a step in the right direction.

Will Bench Warrant Expire

Bench warrants do not expire. Bench warrants are not deleted after any amount of time, nor are they forgotten by the justice system. Unless the judge dismisses the bench warrant, the bench warrant will continue to be a part of a defendant’s life. Once the defendant shows up to court, there can be a resolution for the bench warrant. 

Can a Bench Warrant Be Expired

A bench warrant will remain outstanding until some serious actions take place. One of these occasions is based upon the death of the defendant. If the defendant dies, of course, they will not be able to come to court. The only other circumstances that merit a bench warrant being dismissed is if the judge quashes it themselves.

What Are Court Bench Warrant

If an individual is found to be in contempt of court, a bench warrant can be issued. Bench warrants are issued by a judge who has found an appellant to have violated court rules. Usually, bench warrants are issued for appellants who have not shown up to court for their court appearance. If an individual makes an attempt to come to court and resolve the case within fourteen days, the judge could go easier on them. Conversely, if an individual does not make any attempts to resolve their case, the judge will issue more severe punishments.

bench warrant

Is Bench Warrant a Felony

Are you wondering whether or not a bench warrant is a felony? There are many reasons why individuals may not show to their court appearance. The list of excuses can be very long. There could have been an accident on the way to court, or there could have been a miscommunication that occurred. Regardless, the justice system does not take kindly to such infractions. That is why it is urgent for defendants to act as quickly and responsibly as possible. If the defendant issues an apology and a valid reason for why they did not show up for their court appearance, the bench warrant may be dismissed by the court. However, it is important to remember that multiple warrants out for your arrest will not inspire leniency by a judge. The more clean and immaculate your criminal record, the more likely the judge is to pass a favorable sentence.

Would you like help with a bench warrant in Avon and Indianapolis, IN, please give our team a call at 317-423-9300.

Can You Bond Out On Federal Charges?

A Defendant at a Bail Hearing.

Can you bond out on federal charges?

When you are arrested and booked on federal charges, no matter the offense, getting released on bail is much different than state or local charges. In a federal case, you’ll go before a federal magistrate judge who will decide if bail is warranted and sets the amount of bail for you to be released. Often a bail bondsman is not used for federal bail bonds unless the defendant cannot post bail on their own. A co-signer will be required to contact the bondsman. The amounts are often much higher than state bail, and it is often difficult to pay. The magistrate judge decides all conditions for your release, and the bail is determined based on the severity of the crime, your criminal history, and status in the community. While federal bonds in Avon and Indianapolis, IN aren’t often handled by bail bonds agents, if you are able to get help from one, depend on the experienced team at Indiana Bail Bonds. We can be reached by calling 317-423-9300.

What is a federal bail bond

Bail bonds for federal cases like bank robbery are decided by a federal magistrate judge. Federal bail bonds are extremely hard to obtain because these cases aren’t treated like state or local offenses. To obtain bail on a federal case, you have no choice but to face the federal judge in a hearing. That judge is the sole decision-maker when it comes to determining bail and conditions for bail. In federal cases, there are no set bail schedules as there may be in a state case.

How does a federal bail bond work?

While federal bail bonds are different from state bail bonds, once bail is granted, the bond process is in some aspects similar. 

  • A federal magistrate hears your case.
  • The federal judge determines if bail is warranted based on the severity of the crime, your background, and your reputation in the community.
  • The judge sets a bail amount based on this information and all conditions of release.
  • If you are unable to pay the amount you must have someone act as a co-signer to get you released.
  • The co-signer contacts a bail bonds agent like Indiana Bail Bonds experienced with federal bail bonds to arrange to pay the bail.
  • Once bail is paid, you are released.

Federal immigration bonds

Technically, although local or state law enforcement may pick someone up on illegal immigration charges, immigration is handled at the federal level through U.S. Immigration and Customs Enforcement or ICE. Federal bail bonds for immigration cases are much different than other bail bonds. Unless the judge releases you on your own recognizance, illegal immigrants have two bail bond choices, either a delivery bond or a voluntary departure bond.

A delivery bond is similar to a standard surety bond that must be paid for the detainee’s release. The detainee must receive an arrest warrant and notice of the conditions of custody from ICE to receive a delivery bond. As a condition of the delivery bond, the detainee must appear at all immigration hearings. Voluntary departure bonds are promises by the detainee to voluntarily leave the country by a set date. The departure is made at the immigrant’s expense. The bond amount is returned in full once the immigrant has left the country.

How long do the feds have to pick up a case?

Most federal crimes have a statute of limitations set at five years from the time the crime was committed. Some crimes like arson or defrauding a bank the statute of limitations is 10 years, while art theft is 20 years. Kidnapping or sexual abuse of a child can be the lifetime of the child or 10 years, whichever is longer. Capital offenses or terrorism have no statutes of limitation set.

What are bail bonds used for?

In general, bail bonds allow you to get out of jail after you have been arrested and jailed. A judge sets a bail amount or follows a set bail schedule. To get released, you must pay the bail. Posting bail is a promise to the court that you will return to court at your appointed time. Bond is a portion of the bail paid as a fee to a bail bonds agent to post bail. Federal bail bonds are similar but a bond in federal cases often needs a co-signer. 

What are the conditions of being out on bond?

Along with posting bail, you often must fill certain conditions established by the judge for your release. Conditions often include staying in the state in which you were arrested, getting or keeping a job, getting tested for alcohol or drugs, refraining from contacting anyone involved in criminal activity, and reporting to a pre-trial agent to ensure you are meeting these conditions. You must follow all these requirements or risk being jailed until you are tried. Federal bail bonds conditions are often much more restrictive.

An Inmate Being Led to His Cell.

Federal bail bondsman

If you are charged with a federal offense and require assistance with federal bail bonds in Avon and Indianapolis, IN, the experienced team to turn to is the one at Indiana Bail Bonds. We offer a full range of bail bonds services. When you need help fast, give us a call at 317-423-9300.

Phasing out Cash Bonds

no more cash bonds

For multiple reasons, Indiana Bail Bonds is choosing to cease the use of cash bonds in our various services effective immediately. Our company is still devoted to extending every opportunity to each client in Avon and Indianapolis, IN and the surrounding areas, finding ways around the use of cash bonds.

You can Rely on us

As time goes on, cash bonds have proven to be an ineffective way to support each of our clients individually and the justice system as a whole. Furthermore, cash bail bonds are slowly being phased out nationally to better help all Americans have an equal footing when recovering from unfortunate circumstances. 

In Avon and Indianapolis, IN, Indiana Bail Bonds still provides all of our bail services. We understand that if you find yourself needing bail, the situation can be unbearably intimidating, but we have your back if the time ever comes. Our team is always committed to each service, being professional and entirely patient. 

Even with something like an arrest warrant, we can help. Our experienced professionals can walk you through the process of what you need to do and how to do it so that you can come out of such a situation without further strain to you and your image. We understand you may want to act on instinct, but trust us when we say that the best time to stay calm and accept the word of experts is on such an occasion.

no more cash bonds

Contact Us

With our phasing out cash bonds, Indiana Bail Bonds understand that there may be some confusion, but do not worry because all of our services are still accessible to you. If you need more information or to speak to a representative, call 317-423-9300 today so that we can help you.

How Do Surety Bail Bonds Work?

close up of surety bond document with glasses and pen

Learn More About A Surety Bail Bond

There are many occurrences that can take place where legal intervention is needed for a defendant on a case. One such option of assistance comes in the form of a surety bail bond, a unique way to get out of jail and guarantee that compliance is met with future proceedings. However, a surety bail bond will require time and processes to be met over time as with any bail bond or surety bond. Your particular case may even have varying conditions and altering timelines that will make it unique to other surety bond cases so it’s important that proper communication and research are done. Get in touch with a qualified professional to see what needs to be done with any specifics and information. Until then, here is some general information regarding a surety bail bond, that may prove useful to you.

What is surety bond in bail?

A surety bail bond will involve an arrested person providing an amount of money be it with property or cash to ensure that they will attend all future required court appearances. After this is offered the surety bail bond will then allow the person charged to be released from until the processes of their case are completed.

Is a bail bond a surety bond?

A  bail bond technically is a type of surety bond yet there are key differences. A surety bail bond will have to additionally connect to a surety bond company through a bail agent or bail bondsman to secure the release of a defendant from jail.

What is the difference between a bond and a surety?

The difference between a cash bond and surety bail bond is that a surety bond will involve three parties whilst a cash bond will only involve two. The defendant will use a surety company to pay the bail money for a surety bail bond.

How do surety bonds work?

A surety bail bond works as a three-party agreement that binds together the principal who needs the bond, the obligee that requires the bond and the surety company which sells the bond. This type of bond will require that the principal will act in accordance with certain laws relevant to the case or bond.

What’s the purpose of a surety bond?

A surety bond will basically be a financial agreement between three parties where the principal (person with bond) will be financially guaranteed to the obligee (government) that their obligations will be fulfilled. Technically, a surety bond is a risk transfer mechanism.

Why would I need a surety bond?

A surety bond will make sure to the obligee that the principal will perform a contractual obligation. In the case of a surety bail bond, this will mean the principal will follow through will all legal obligations of their case in a timely manner.

How long are surety bonds good for?

Most surety bonds will have an expiration date, however, since surety bonds themselves can vary greatly the duration of the bond will range. Such ranges of expiration dates could be a payment bond that lasts two years or a performance bond that lasts a year.

Closeup of male hand signing legal or insurance document on black desk with reflection.

How do you get out of a surety?

  • Get it canceled in writing with the permission of the creditor.
  • The bank can cancel it:
    • if the debt is paid in full. OR
    • one surety can be replaced with another, OR
    • the remaining surety is in a financially good position to meet the bank’s requirements.

Are surety bonds refundable?

A refund with a surety bail bond doesn’t usually occur and is also not required by the surety. Yet if you are looking to get a refund on a surety bond it’s best to contact the surety company that issued it to you. 

Does a Surety Bond affect your credit?

Your ability to purchase a bail bond as well as the rate of a surety bail bond will be affected by your credit score. As far as payments, usually with surety bonds, there is a one-time payment yet you will need to pay, say, $100 per month to keep it active.

Contact a Qualified Professional For Assitance

If you’re in jail and require the help of getting out with a surety bail bond, enlist in your local surety bail bond services. It’s important that all requirements are followed in order to not risk losing your bail bond and adding more charges and fines. Get in touch with your legal representative, bail bondsman, and surety bond company for any additional information or questions. Make sure to get familiar with any details and specifics to prevent any problems further along the road. When you find yourself in a sticky situation, a surety bail bond may be the solution for you. Seek the legal help that you need for a smoother process with your case. 

If you need help with a surety bail bond in Avon and Indianapolis, IN call 317-423-9300 with Indiana Bail Bonds! 

What happens when theft charges are filed?

arrested after committing theft

The types of theft

There are many types of theft used within the vernacular or everyday speech, such as theft of the heart and theft of time. Then there are the legal types of thefts, the ones that a person faces theft charges in front of a judge and jury.  Just what are the different types of theft? Burglary, embezzlement, fraud, larceny, robbery are all different names, yet they all have the same results:  theft.  The charges will determine how their legal proceedings will follow. Here, we offer a brief description and the possible outcomes. One thing in common of these, a person facing any of these theft charges should get legal counsel. 

Larceny or Theft

Larceny is simple theft and is the act of unlawfully taking the property of another person. or using property that belongs to another person. In most jurisdictions, there are different types of theft charges that range from as small as shoplifting to something bigger like grand theft. 

Normally, the basic elements are the same, but there is a slight variation. For instance, if the theft occurred in a retail store like shoplifting and the theft charges by amount valued of the stolen item(s), like petty or grand theft, and the type of property, like grand theft auto.  The punishment possibilities depend on the theft charges filed. Common sentences that can be handed down are a fine, jail time, probation, and or a combination of these. 

Identity Theft

Identity theft is the act of using the name, bank account, or credit card, and other personal identification of another person without their permission.  This type of theft can damage the person whose identity was stolen, affecting their credit history and credit score, their financial resources, and more. Identity theft is a federal crime, and, sometimes, the theft charges are punishable by a long jail sentence and it forfeits any property gained by using the stolen identity and money forfeited. 

Robbery

Robbery is the act of using intimidation, threats, or violence to get the property of another person. A robbery with and an added element such as violence, like armed robbery. These types of theft charges are subject to a penalty that is heavier than regular larceny because of that added element. 

Fraud

The act of deceiving another person to relinquish their property willingly with false pretenses presented to them is a fraud. The difference between fraud and robbery is that there is no violence. The accused simply walks away with another person’s property. However, there are varieties of fraud centered on the deception involved. One example would be if the accused takes the property of another person they were entrusted for safe-keeping or other purposes. 

Embezzlement is a fraud that involves fake currency, check, or some other negotiable instrument. Counterfeiting, misleading income information to the government are also forms of fraud and could be upgraded to tax fraud or tax evasion. These types of fraud charges are why they are often concerned to be a “white collar” crime. There are no acts of violence and are usually a form of business dealings.

Because theft charges that are determined to be fraud can have results with large amounts of money and property stolen and can have a lifelong effect on the victim, the sentences vary. The accused may be required to pay a fine, placed on probation, or sentenced to federal prison.

Is Theft civil or criminal?

When a person executes or attempts to execute a theft, it can be both civil and criminal. For example, if you steal from a retail establishment, that is breaking the law and is a criminal act.  The establishment that you stole from, however, can also pursue the civil action for damages. The criminal charge is how punishment is determined and civil action’s purpose is to encourage the accused to forgo any future thievery.  A civil action is a separate filing from criminal action. If the victim has the theft charges dropped, they could still follow the civil charges.

What type of Offence is theft?

In the state of Indiana, the following are classified as theft:

  • Misdemeanor Theft or Petty Theft
  • Felony Theft or Grand Theft
  • Shoplifting
  • Conversion
  • Embezzlement
  • Auto Theft and Receiving Auto Parts

Can you be charged with theft without evidence?

If the prosecution cannot prove or support with evidence of the theft charges, the judge and/or jury can determine beyond a reasonable doubt that the theft happened, the theft charges are dropped and the case has ruled an acquittal.

in jail while awaiting a court date

How much jail time can you get for theft?

A misdemeanor is typically punished by a fine up to $1,000 and a jail term up to 1 year. If the theft charges involved property with a value of over $500, the judge can choose to proceed with a felony or a misdemeanor charge. Whether you are charged with theft larceny vs burglary, the history of these theft charges will remain on your record. A person charged with theft charges and employment can be difficult to find or maintain as most of society frowns upon such charges. Call 317-423-9300 today for bail bonds in Avon and Indianapolis, IN when you need them.

How Long Do You Go to Jail for a Probation Violation?

If You Face a Probation Violation, You May or May Not Go to Jail

How Long Do You Go to Jail for a Probation Violation?

To begin with, it’s important to know how a probation violation happens. First, the defendant is arrested. Next, there are the first appearances in court and the subsequent bond. Then, there has to be a violation of the probation hearing. Afterward, the sentencing will occur. In order to be found guilty, the defendant’s violation must be determined as willful and substantial. If you are given a new probation sentence for your probation violation, you will be given credit for any previous time that you successfully spent in jail or prison. That said, the probation sentence and the jail sentence do not overlap. Thus it will be up to the judge what the length of time is for the probation violation.

Can a Probation Violation Be Dismissed?

If the probation violation is deemed insignificant enough to be a willful and substantial violation, there is a chance that your lawyer can get it dismissed. It is the duty of your lawyer to argue on your behalf and present your side of the case. If the judge determines that the probation violation was meaningful, then the violation will not be dismissed.

What Happens at a Probation Violation Hearing?

Probation violation bail is a serious topic. After all, defendants do not want to return to jail and there can be serious consequences. Please browse through the following items on the agenda for a probation violation hearing. To begin with, the judge must determine whether or not the probation violation was serious enough to merit punishment. This involves a two-step process:

  1. The judge must consider if there is a cause to revoke the probation. If the judge finds that there is enough evidence to support a probation violation, the judge may issue an arrest warrant. 
  2. If a probation violation has been confirmed, a formal probation revocation hearing is in order. Due process needs to be considered. The judge has the jurisdiction to reinstate probation on new conditions. Or the judge can remand the probationer to the county jail for a misdemeanor case. The judge can also sentence the defendant to additional time.

What are Two Types of Probation Violations?

Two types of probation violations include informal probation and supervised probation. Informal probation is also known as court probation or unsupervised probation. This kind of probation is typically issued for low-risk offenders. The second type is supervised probation. This type of probation is also known as formal probation. For supervised probation, there are stricter requirements, including mandatory counseling appointments, random drug or alcohol checks, and restitution payments to victims of the defendant’s crimes. If you require a felony charges bonds, it’s important for you to seek out a bail bond authority that will work with you to provide resolution. 

Do You Go Straight to Jail if You Violate Probation?

If you have been convicted of a crime and have been placed on probation, you, like many others, have found probation to be difficult, you may violate the terms. If you have been convicted of a crime and violated the terms of your probation, you will have a trial. During the trial, the state prosecutor will file a motion to revoke the probation and distinguish the alleged violations for the judge. The prosecutor will ask the judge to put the defendant in jail. The defendant’s lawyer will make a case for the defendant. After the judge deliberates over the issue, and if no violation has occurred, the defendant will remain on probation. If a violation has occurred, the judge will decide if they go to jail. During this process, the defendant will receive due process, and will not be immediately put in jail.

Are Traffic Tickets a Probation Violation?

In truth, it depends. If a traffic citation violates the terms of probation or parole, it may be considered a probation violation. Most probation and parole orders prohibit violating any law, including traffic laws. However, police do not usually report a basic traffic citation to the probation officer unless the infraction is particularly severe.

Probation Violation No Bond

Probation violation cases are a serious matter that can severely impact your lifestyle. Failure to check-in with your probation officer, and not following through with the conditions of your probation can easily land you back in court. Whether or not a judge will set a bond for a probation violation greatly depends on the severity of the original crime, the length of the probation, the type of probation, and whether or not you have a criminal record. If all of these factors skew heavily in a negative direction, a judge could deny a bond or set one so high that the defendant cannot possibly afford it.

What Does Felony Probation Violation Mean

A felony is an offense that brings with it a potential term of incarceration in excess of a year. Felonies are serious crimes that impact your freedom, rights, and privileges. It is important to know that felony probation is a contract between the probationer and the court. A substantial violation or repeated violation could definitively result in very sincere consequences. When a defendant violates their probation in a substantial way, they can be charged with a felony probation violation.

Man in Handcuffs after Parole Violation

Probation Violation Battery

The crime of felony battery is defined as intentionally harming another person against their will and subsequently inflicting bodily harm. When a person violates their probation with associated battery charges, the terms of the probation will be subject to review.

Your bail bonds should be handled with experience and precision. Our staff at Indiana Bail Bonds are ready to assist. Please call us at 317-423-9300. Discover more about how we can help you with your probation violation in Avon and Indianapolis, IN!

What Happens For a First DUI?

A Drink and Keys can lead to DUI

What is DUI?

In every state, driving while consuming alcohol or drugs, prescription drugs included, is illegal and is referred to as DUI (driving under the influence) or DWI (driving while intoxicated). This topic has become a focus across the country, and each state has created a DUI prevention plan in an effort to minimize the number of DUI/DWI scenarios.

A DUI is a crime and rarely does a DUI without arrest not occur. If you are convicted of a DUI, you will be sentenced in some fashion. The punishment for this varies from state to state and obtaining a DUI attorney when faced with this charge is always recommended, especially if the charge is booked as a felony.

It is common within the punishment for the offender to participate in a DUI prevention plan that may include taking a driving course, attending a seminar if the DUI with an accident was involved, and in extreme cases where a death was involved as the result of DUI/DWI, speaking at a seminar.

There are some terms used within a DUI/DWI charge that anyone arrested with either one should become familiar with.

  • DUI Checkpoint
  • Implied Consent
  • BAC – Blood Alcohol Concentration
  • IDD – (Ignition Interlock Device)

An attorney experienced in DUI/DWI cases will seek for the charge to be reduced, or even dismissed, regardless of the BAC, even if there was an implied consent involved. If they are not able to do either, they will negotiate on behalf of their client for a lesser sentence and enrollment into a treatment program and participation with a DUI prevention plan.

Which is worse DUI or DWI?

It can depend on what state you’re pulled over for suspension of either DUI or DWI. Some states consider these as separate charges with ta DWI being the more serious charge. The point where a DWI is a legitimate offense is determined by the BAC (blood alcohol concentration) with each state having its own level set in place. If the BAC is under that specific level, the lesser charge of a DUI is issued.

What happens if you get DUI?

While driving while intoxicated with alcohol or drugs isn’t smart, when you go back and think about this situation, a DUI isn’t the worst thing could have happened. Apparently you were driving erratically enough a police officer saw the need to stop you before you caused an accident, or worse, a death, or you wouldn’t be in this position. It is the hope of all involved with what you’re about to endure, that you have learned enough not to repeat this mistake. The purpose of any DUI prevention plan presentations and programs is hit the consciousness of those that may be prone to drink and drive, such as school children.

 Here is what you can expect to happen when you have been stopped for suspicion of DUI/DWI:

  • You will be required to take a breathalyzer test or a sobriety test
  • You will receive a citation that will have a court date stated
  • You will be handcuffed and escorted to the police station
  • You will have your mugshot taken and you will be fingerprinted

At this point, depending on state law, you will be released under your own recognizance or bail will be required for you to be released. In either situation, you will be required to sign a promise to appear before the court on the appointed date and not engage in any illegal activity. In some cases, you may be left to “sleep it off” before being released.

Can a DUI be dismissed?

In every state, there must be probable cause proved by the officer for stopping you, detaining you, or arresting you for a DUI/DWI. A DUI prevention plan will often show films of a patrol office following a suspected drunk driver and making that determination if conducting a traffic stop is warranted.

During the appointed court date, if the defendant’s attorney can show that there wasn’t a probable cause, the judge has the authority to dismiss the case. Some instances that the defendant’s attorney may use to have the case dismissed are:  

  1. Lack of Probable Cause
  2. No Evidence Who Was Driving
  3. Vehicle Was Not Moving
  4. Lack of Evidence Defendant Was Under the Influence While Driving 
  5. Blood Test Results Did Not Indicate Impairment
  6. Blood Test Was Improperly Administered
  7. Consent Was Not Given for Blood Draw
  8. Warrant Not Presented for Blood Draw
  9. Defendant Did Not Know Any Drug Was In Their System

What is the punishment for a first time DUI?

In most states, the first DUI charge is a misdemeanor offense. The punishment will vary from state to state, where any of the following could be implemented:

  • Payment of a fine
  • Required community service 
  • Driver’s license suspended
  • Probation
  • Required attendance or participation in a DUI prevention plan

There are other factors considered that determine which of these are implanted by the judge and can be only one of them, a combination of any, or all of them. The level of what the defendant was charged with can result in an enhanced sentence and a severe penalty, such as jail time.

Some factors that can make the severity of the punishment harsher would be an open container inside the vehicle, a child was in the vehicle or previous conviction. These are factors that can take the case from a misdemeanor and a fine to mandatory jail time or license suspended or even revoked.

cones on the road

Can a DUI ruin your life?

Any person that is convicted of a DUI/DWI will have a criminal record the rest of their life. With that comes the possibility of job loss, increased insurance premiums, and a loss of respect by many, including family members.

Many families are destroyed by this and will find the need for psychiatric or psychological help to deal with the stigma associated with this type of charge. A DUI prevention plan will often take attendees through this after effect as well as the legalities.

Some examples of what a person convicted of a DUI/DWI may face are:

  1. A permanent criminal record that includes mug shot and fingerprints
  2. Driver’s license suspended for a period
  3. Fines in various amounts
  4. Require IID installed for a period
  5. Required to take a DUI/DWI class, undergo counseling, participation in a DUI prevention plan
  6. Higher insurance rates, possible loss of insurance, specialized insurance
  7. Denial of out-of-state and/or international travel

Nobody sets out with the intention of being charged with a DUI or DWI, but surprisingly, it happens every day to people that never thought they would never happen to them. The best advice anyone can receive is don’t drink and drive or take drugs and drive. That is the safest way to live life today, but if you do find yourself, or someone you know, in this position, we hope that this article provided you helpful information. Need bail for your DUI? Call Indiana Bail Bonds in Avon and Indianapolis, IN at 317-423-9300!