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What Happens When Probation is Violated?

close-up of a man's handcuffed wrists

Understanding Probation Violations

Being arrested for any type of crime, no matter if it is a misdemeanor or a felony, begins a chain of reactions that can seem endless. How you can go from being free to committing a probation violation doesn’t take much. And one thing is for sure, a probation violation can get you in more trouble than where you started.

A probation violation can result in the probation being extended or revoked. It can result in jail time as well as an extended or revoked probation. Probation is giving the offender a chance to get back on track and correct their behavior. 

What exactly is probation?

In the state of Indiana, the courts use probation to complete or replace a jail sentencing. Instead of serving time behind bars, the court suspends your sentence under the supervision of the city, county, or state probation department. 

A defendant could receive direct probation and never serve time behind bars, or once they have served time behind bars, be placed on probation for a period of time determined by the judge. 

Probably allows the person to return to the community, live at home and complete particular requirements, aka probation terms. The court will establish terms that must be followed by the defendant which can include any or all of the following, even additional things not listed here: 

  • No alcohol or drugs – and the defendant may be tested randomly or on a schedule
  • No association with certain persons
  • No allowed in certain areas like bars
  • Community service required
  • Meet with probation officer
  • Attend certain classes 

Failing or missing any of these things and any additional requirements not listed here is considered a violation of probation. At this time, the court can extend or revoke the probation, or require the defendant to serve time behind bars. 

What are the different types of probation?

There are several types of probation, which can vary depending on the requirements the offender has been sentenced to by the judge. Each of these probation have clauses of probation violation. The common probation types are: 

  • Supervised Probation: The offender is required to check in with their probation officer weekly or monthly depending on the crime committed and the offender’s criminal background. Other restrictions may be required such as a curfew or not associating with known criminals. Doing either of these things or committing another crime  while on supervised probation is considered a probation violation. 
  • Unsupervised Probation: No probation officer is assigned, but the offender is required to periodically report to the judge. This is typical probation for a first time offender. The offender is also require to either attend a classes, undergo counseling, and/or community service.
  • Community Control Probation:  The offender is released into the community under constant monitoring or placed under house arrest. An offender is often required to an ankle bracelet that allows their probation officer to know their whereabouts. 
  • Shock Probation: Typically given to a first time offender after they have spent some time in a jail. 
  • Crime Specific Probation: The offender of a drug offense or sex offense is required to participate in specific probation programs where counseling, education, comply to frequent substance abuse testing. 

What’s the difference in parole and probation?

Probation is part of the initial sentence and handed down by the judge at the sentencing. Sometimes it is lieu of serving jail time, sometimes it is in combination with jail time. The specific restrictions are given at the time of probation violation sentencing and they  must be adhered to during the probation. If any are not adhered to, the offender is in probation violation. 

A parole board will determine if an offender should be granted parole after they have served part of all of their sentenced time behind bars. Factors they consider in this decision include their  behavior while behind bars and their rehabilitation level. There are typically additional restrictions on the defendant while they are on parole. 

Can you be on parole and probation at the same time?

Yes, with this scenario, there is usually multiple cases against the defendant. Once case may have them on probation and another case may have them on parole. This often happens when those different cases are in different courts like city, county, state and/or federal courts. 

officer pointing at another man with a pair of handcuffs on the table

Closing Comments

It is important that the defendant be aware and knowledgeable of what a probation period means. The judge will state the required probation period to begin and end on specific dates. During those dates, it is important for the defendant to ask any questions like, “How do probation violations work?” This way, they can be sure not to commit any probation violations. Probation for city, county, or state is less restricting than felony probation, and thus the probation violation won’t have as severe repercussions as a felony probation violation. Probation should be taken seriously no matter what level of the court has issued the given probation. 

What is the Bail for a Weapon Violation Charge?

close-up of an old handgun and bullets

Here in Indiana, if you don’t know what the law is regarding possession and use of any weapons, charges can be filed against you quickly. The next thing you know, you’re arrested for a weapons violation and waiting to post bail for weapons charges, and you may not even be sure how or why! 

The FBI accepts records of people that are identified as possibly being prohibited to acquire or possess a firearm under individual state laws and federal laws. Since 2021, the FBI databases have been utilized for firearm background checks, meaning that licensed firearm dealers can decline to sell firearms to certain individuals. 

In Indiana, what are weapons of offense?

Like many states, Indiana residents are privileged with the 2nd Amendment, the right to keep and bear arms. And while the state is rather liberal with this, there are some limitations. For example, a license to carry is required for possessing a handgun, and other examples as follows that violation of these laws can find you arrested on weapons charges: 

You must have a license to carry a handgun, stun, gun, or taser on your person or in your vehicle unless you fit any of the following exemptions:

  • you are on your property or have consent while on another person’s property
  • you are legally hunting, at a shooting range, or in attendance of a firearms course
  • the gun is unloaded & stored in a locking container in a vehicle, or
  • you are under a protective order for domestic violence or have a pending license.

In Indiana, it is important for identifying weapons of violation in your possession to avoid arrest on weapons charges. Among those weapons are: 

  • Armor-piercing handgun
  • Armor-piercing ammunition
  • Machine gun
  • Sawed-off shotgun
  • Switchblade

Other weapons charges that can get you arrested are as follows: 

  • Pointing a gun at another person
  • Using false information to obtain a gun
  • Having a gun on school property
  • A child in possession of a gun
  • Giving a gun to a child or a convicted felon
  • Possession of a gun by a violent felon
  • Possession of a person convicted of domestic battery

To be in any of these situations with the firearms listed, a person will be arrested and face weapons charges and the repercussions that may be implemented by law. Weapons that are considered legal in Indiana but may not be in other states are brass knuckles, stiletto heels, and handgun licenses are honored in Indiana that was issued in other states, known as reciprocity. 

Can you get bailed out for a weapons charge?

If the judge sets bail for an arrest on weapons charges, yes, you may post bond following the normal bail bond process. Bearing that in mind, can you get a bail bond for a weapons violation? How much is bail for a weapons violation?

This is determined by the arraignment judge who has a state guideline and will consider several factors in setting the bail amount for weapons charges.  Those considerations include the following: 

  • Previous criminal record
  • Current employment 
  • Current stand in the community
  • Surround circumstances at the time of the arrest, such as possession of alcohol, drugs, domestic violence present, etc.

Can weapons violations get dropped?

It is not easy, but it is possible to have weapons charges dropped, at the very least reduced, with the right lawyer. What type of lawyer handles weapons charges? You should seek for and hire an experienced criminal defense attorney that has experience and knowledge of how to beat weapons violation charges. 

The following are 5 ways an experienced defense lawyer will work to get weapons charges dropped in Indiana: 

1. Lack of Evidence and Violations of Rights

The details of your arrest will have an impact on the possibility of having the weapons charges dropped for lack of evidence or breach of constitutional rights. These two issues are frequently interrelated and to give your lawyer the maximum chance of success, they should be brought to light quickly 

2. Motion to Suppress Evidence 

An experienced defense attorney may choose to file a motion to suppress the evidence, which will involve removing any evidence that was obtained with breach of constitutional rights. This can include be arrested but not providing your Miranda rights, unlawful search of our car, home, employment, or person can be cause for this motion too. 

3. Exclusion of Witnesses and Their Depositions

The state relies on witness statements that are obtained through a deposition if the crime involves a victim. These depositions are to be obtained with the witness under oath who review the events of the arrest and weapons charges. 

4. Plea Agreement

Another way an experienced defense lawyer will use to have weapons charges dropped it negotiate a plea agreement with the prosecutor. 

5. Deferred Adjudication

In Indiana, there is the option of a pretrial diversion program that can help the defendant avoid the impact of a criminal conviction that requires a no contest or guilty plea to be entered into the court records. The defendant is usually required to attend some type of class to avoid going to jail.

young man aiming a pistol

Closing Thoughts 

While federal gun law provides states with a base floor, there are several important gaps that will allow individuals that are considered a significant risk, to acquire a gun or other weapon.  It is up to the states to establish and enforce laws that keep the intended system in efficient working order. 

In the state of Indiana, it is the state law and the federal law that determine what is legal possession and what will have a person facing weapons violation charges. There are multiple federal statutes regarding regulating firearms and minimizing access and possession of firearms for the safety of the public. 

On the federal level, these laws are established and maintained by the ATF (Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives).  In addition to the state of Indiana and other states with their own firearms laws in place in accordance with the federal government’s outlines. 

Are DUI checkpoints legal?

police car with lights on

The Dangers of the DUI

For the person that is going home from work or has just picked up a child from school, a DUI checkpoint is an appreciated safety check. For the party-going person, it is a dreaded and feared possibility in Indianapolis, Indiana that can often mean they’re faced with posting a DUI bail bond

Each state has a different limitation on what will get a person arrested for DUI, bail bond amounts vary, and the stipulation under which a judge will grant a DUI bail can vary. But when it comes to a person being arrested for DUI when under 21 years of age, most, if not all states are cracking down hard. 

So what is the law for those arrested for DUI when they are under the age of 21 years in Indiana? The State of Indiana refers to a DUI (driving under the influence) as OWI (operating while intoxicated), and with a select number of exceptions, the consumption, possession, or transportation of alcohol by any person under 21 years old is illegal. 

An OWI bail is a class C level and a person under 21 years of age, with a BAC between .02% and under .08%, will likely have a higher DUI bail amount. The results can be a maximum penalty of a $500 fine in addition to court costs.

How much is bail for a DUI for a person over 21 in Indiana? 

OWI laws in Indiana (otherwise referred to as DUI) prohibit all motorists to operate a vehicle with any of the following:

  • A BAC (blood alcohol concentration) over .08% or higher
  • Any level of a schedule I or II controlled substance found in their system
  • While intoxicated by alcohol or drugs

There is an extensive list of controlled substances considered a schedule I and schedule II classifications that is considered a DUI for drugs requirement with a hefty DUI bail amount that includes any of the following: 

  • Opiates
  • Hallucinogenic drugs
  • Marijuana
  • Cocaine
  • Methamphetamines

There is a zero-tolerance in the state of Indiana regarding any person under the age of 21 with a blood alcohol concentration level of .02% or more. The penalty for a DUI without a license could prevent a person from ever getting their driver’s license in Indiana, or most likely any state is just one way how a DUI affects your life in addition to having to post DUI bail. Five other possible ways that a DUI can and likely will significantly affect a person’s life, short and long term, include: 

  1. The Immediate Effects include the prospect of jail time if there has been a prior conviction, hefty fines, possible loss of driver’s license, and required to have an interlocking device on the vehicle to monitor any presence of alcohol in the system. 
  2. Employment and/or Education fallout, especially if current or future employment requires driving.  A job that requires driving, a DUI or DWI arrest, and posting a DUI bail is a serious issue in addition to getting to work and/or school can be affected. The reality is of a professional reputation is at risk, currently or in the future.  
  3. Civil Lawsuit is a possible consequence associated with a DUI or DWI arrest when posting DUI bail if there is any injury to another party while the arrested person was intoxicated in addition to the criminal charges. 
  4. Personal relationships are affected once DUI bail has been posted, the financial hardship this creates, along with the above-mentioned job loss, including family and friends. 
  5. Automobile insurance can be affected after posting DUI bail in the cost of the insurance, even possible cancellation of insurance. 

In Indiana, when is a DUI a felony?

With a first DUI arrest, a DUI bail is posted, and the first offense is a misdemeanor. A first DUI offense can turn into a felony if there is anyone seriously injured or killed if the arrested person was found to be driving under the influence. 

In Indiana, can a DUI be expunged?

In Indiana, the state only allows DUI expungement after completing a waiting period and meeting specific criteria. The waiting period is 5 years for a misdemeanor DUI charge and 8 year waiting period for a felony DUI charge. If during the waiting period a person is charged or convicted on additional charges, an expungement request may be denied. 

Will a DUI show on a background check in Indiana?

A DUI conviction will show in Indiana on a criminal background check unless the DUI has been expunged or sealed. Meaning a present or potential employer or landlord could find out on a common background check using the social security number. 

glass of alcohol next to car keys and handcuffs

In Closing

In Indiana, what is the distinction between DUI vs DWI? The state of Indiana uses OWI for Operating While Intoxicated a vehicle, which can include a boat, bicycle, or even a tricycle, while under the influence of drugs. A DUI is specific to alcohol. An OWI arrest in the state of Indiana is an umbrella covering the intoxication from alcohol to prescription drugs, including marijuana, narcotics, and pills. The “D” for driving, and the “O” for operating give law enforcement the right to arrest anyone sitting behind the wheel with the engine running without being in the act of driving.

What is the bail for a misdemeanor?

judges gavel and a stack of hundred dollar bills

Understanding the Law

Being arrested can be a confusing time, which is why having an attorney to represent you can be helpful even for minor offenses and charges. From posting the bail amount for misdemeanor charges to pleading your innocence or guilt and navigating the process to get the best outcome. Without a criminal defense attorney, you may find yourself behind bars longer for a misdemeanor than you should. 

Every state has different levels of criminal charges. If you’re wondering “what misdemeanor means”, in Indiana this refers to the fact that the offense was a minor infraction, typically involving a crime against property, the public, or persons with little to no injury resulting. After being arrested, you’re placed in a holding cell to wait for arraignment before a judge. At that time, the judge will set the bail amount for misdemeanor charges you’re facing. 

What crimes are misdemeanors?

Anytime a person is arrested for any type of charge, even a misdemeanor, your first reaction should be hiring an attorney. Even with what would be classified as a misdemeanor, if you don’t know the law, you could find yourself facing serious consequences with long-lasting damages. The most common misdemeanor in Indiana is driving while intoxicated. 

An attorney can navigate the process of misdemeanor charges from getting a fair bail amount for misdemeanor charges to lessening the sentencing. In the State of Indiana, the most serious misdemeanor charges are Class A and can include the following: 

  • Carrying a handgun without a CHL.
  • Dealing marijuana or possession of marijuana.
  • Operating a vehicle while intoxicated.
  • Prostitution.
  • Resisting arrest.
  • Theft.

In the State of Indiana, the second-lowest crimes are Class B misdemeanors, such as the following: 

  • Battery
  • Criminal mischief, recklessness
  • Disorderly conduct
  • Harassment
  • Hazing
  • Marijuana possession
  • Public Intoxicated
  • Prurience

Can you get bail for a misdemeanor?

Yes, in most cases. The bail amount for misdemeanors will vary based on the judge’s discretion and the bail schedule they are required to follow. In Indiana, after a defendant has been processed and placed behind bars, the bail amount can be posted through the clerk’s office, usually without a hearing. 

If a defendant isn’t able to post the bail in cash at that time, they can contact a family member or friend to post bail to pay for the bail amount for a misdemeanor. They can also hire an attorney to represent them that will post the bail amount for misdemeanor charges. 

The bond is typically 10% of the bail amount for misdemeanor charges with some exceptions based on the judge’s decision. Things that can affect this would be the situation surrounding the arrest, the defendant’s previous criminal history, and results of the misdemeanor action to persons and property around at the time of the arrest. 

There are several ways that bond can be posted for the bail amount for misdemeanor charges: 

Defendant’s Own Recognizance – The defendant is required to sign a contract stating they agree to return to the court as required. There is no bail or security needed. This type of bail is typically for any non-violent misdemeanor crime. 

Cash Bonds – If the defendant has enough cash on hand at the time of their arrest, they can pay the bail amount for the misdemeanor charge in full or have a cosigner pay the full amount. With a cash bond, there is no bail bond agent involved. 

Surety Bonds – When the defendant doesn’t have enough cash to pay the bail amount for misdemeanor in full, they can get a bail bond agent to post the bond on their behalf. This is usually done with a family member or friend that will work with a bail bond agent, paying a minimum of 10% of the bail amount for misdemeanor charges to the agent. That 10% premium paid is non-refundable.

The XC Bond – This is a combination of cash and surety bonds for bail amount for misdemeanor, and is available if the court agrees to accept the split, part cash and balance in a bail bond. 

The XR Bond – A hybrid bond consists of a Personal Recognizance bond and a Surety Bond. If the court agrees, the bail amount for misdemeanor will be split between posting part cash bond, Personal Recognizance bond, and part Surety bond. Posting bond of this type will involve a family member or friend along with a bail bond agent. 

The PR Bond – Many states use a Personal Recognizance bond, but this option is a little different in the State of Indiana. A bail bond agent cannot post the bail amount for misdemeanor for this type of bond. This is because the court believes when a family member or friend is involved in posting the 10% bail amount for misdemeanor, the defendant is more likely to follow through. 

Property Bonds – This is typically not a bail amount for misdemeanor, but for charges involving a high bail amount, such as bail for a felony. In addition to a cosigner, a lien is placed on property like a car or home and is recorded in the county of the property. This type of bail bond involves a lot of paperwork and is time consuming as ownership has to be verified. 

What is the usual sentence for a misdemeanor?

A judge ruling over a misdemeanor case is required to stay within a set bail schedule that can include any of the following: 

  • Class A Misdemeanor

The most serious misdemeanor; an individual can be sentenced to up to 12 months in jail and have a maximum fine of $5,000. 

  • Class B Misdemeanor

This misdemeanor charge can lead an individual to face a sentencing of a maximum of 180 days in jail with a maximum fine of $1,000. 

  • Class C Misdemeanor

The maximum punishment for sentencing with these misdemeanors is 60 days in jail and a $500 fine. 

Can you go to jail for misdemeanor theft?

A shoplifting or theft arrest is typically considered a Class A misdemeanor. The sentencing can range in a penalty of up to a year in jail with a maximum fine of $5000.

Is it worth getting a lawyer for a misdemeanor?

Yes – without knowledge of the law, a person without a criminal defense attorney can find themselves sentenced to the maximum allowed by the law. An attorney can navigate the system, have the charges reduced, and follow through in requesting the minimum sentencing possible.

close-up of an individual in handcuffs

In Closing – Does a misdemeanor disqualify you from a job?

This is up to the employer’s discretion and will usually depend on what the misdemeanor charges were and the type of job you are seeking. For example, if a job requires driving and the misdemeanor is driving while intoxicated, an individual could lose their job. 

How Might a Warrant be Served?

gavel and cuffs

Receiving a warrant

Being arrested isn’t anything to take lightly, nor is getting a citation for anything. Either of these ignored could end up with the defending subject having a warrant serviced. When a warrant is issued, what happens?  The arresting law enforcement officers will take you into custody and transport to you to jail.

Warrant service can happen while you’re at home, work, school, at a restaurant, anywhere. At the tie of your arrest, the arresting officer cannot search your car, home, place of employment, or any other another area of yours without yours, your roommate, or employer’s permission unless they have a search warrant too.

It is important to know that during a warrant service, as the arrested suspect, you have the right to remain silent. You should be given your Miranda Rights and if any search action is taken without a search warrant or granted permission, you should request to talk to a lawyer.

What does warrant served mean?

This happens when an arresting entity, like a bail bondsman, bounty hunter, or a law enforcement officer will confirm the identity of the person, place them under arrest them and take them to jail.

Once that person has been served, the Arresting Entity will generate a “Warrant Served” message to the proper authorities and Law Enforcement where the warrant was issued. The date, time, and location of the warrant serviced and the name of the arresting entity.

How long does it take to serve a warrant?

In regards how long is a warrant valid that warrant services can serve a warrant, for a misdemeanor warrant, the warrant will expire in 6 months.  For a felony warrant, there is no expiration. If there is a statuary limit for the crime or offense connected to the warrant, it will expire in 5 years.

How do I know if I have a warrant for free?

There are a few ways to find out if you have a warrant issued in your name:

  • Call the court in the area where you ticketed or placed under arrest originally and jailed.
  • Use the internet for online methods:
  • Indiana State Records
  • Indiana Warrant Director
  • Indiana’s Most Wanted
  • The  county sheriff’s website
  • One website you can search is 

Another way you can find out if there is a warrant issued in your name is to contact a bail bond agency. Some may do this at no charge, but you should be prepared to pay a fee.  Inquire if there is any charge and what the amount would be.

Can you pay off a warrant without going to jail?

To avoid jail time after a warrant service has been issued in your name is to hire a defense attorney. After reviewing your case, they can file a motion with the court requesting the warrant be recalled. If the attorney’s request for a warrant recall is denied, the attorney can file a motion for a bond review and warrant surrender.

What happens if you have a warrant in another state?

If warrant services has a warrant in your name, even from another state, it doesn’t go away simply because you relocated. You should ascertain the services of a defense attorney and get the matter handled as soon as possible.

Every warrant that is issued is logged into a searchable database that is maintained by the FBI. Once an arrest warrant is in there, every law enforcement agency has access if their department has the technology, which most do now. Many will scan license plates as they drive through neighborhoods.

What is warrant capias service?

When a judgement and sentencing has been handed down by a judge after a hearing, and the subject doesn’t complete and follow through with the punishment, a capias warrant service is issued.

A capias warrant service can be issued when the subject has failed to pay a fine, has missed payments on an agreement the court, complete their required punishment, like alcohol treatment, community service, etc. A capias warrant service  can be issued by a court clerk, county clerk, or district clerk.

gavel and arrest warrant

Does a bench warrant service differ from other warrant services?

Not really.  The crux of either one is you’re going to jail when law enforcement finds you. An arrest warrant they could show up at your home, place of employment, the gym, the store, or if you’re pulled over for a traffic violation, the arrest warrant will show up.

A bench warrant is issued by a judge at the time of a court ordered appearance and the subject does not appear before the judge. A bench warrant can also be issued when probation meeting was missed.

In either case, when you become aware of having any type of warrant service in your name, it is recommended to contact a defense attorney immediately.  If you already have an attorney in place, you should contact them immediately. Missing any payment to your attorney or the bail bond agent could result in an arrest warrant too. Call 317-423-9300 today for your arrest warrant bond in Avon and Indianapolis, IN.

What Is a State Bail Out?

bail bonds sign

What is a state bail?

When you’re arrested, where and on what charges you’re arrested will determine what sort of bail you’ll be issued, if the arraigning judge sets bail.  There are three categories of bail as follows: 

  • Local Bail – for arrest of city or county crimes
  • State Bail – for arrest of state crimes
  • Federal Bail – for arrest of Federal crimes

In the state of Indiana, bail is the same as it is in any other state. When a person  is arrested, the judge  may or may not allow that person to post bail and be released from custody until their court date. However, how bail bonds work will differ between states, with some offering “state bail” while other states do not.  

What is bail definition in Indiana?

The State of Indiana does have a state bail, which is defined in several ways, but the end results being the bail will allow that person to be released from custody once they have paid that set bail amount. The objective of state bail funds being paid is to assure the state that the arrested person will return for all court ordered appearances. 

A person arrested in Indiana can be held behind bars for up to fifteen days before a bond is set. The bail process begins once a judge has set the bail amount and informed the defendant. The defendant can contact a bail bonds agent to post the bail, contracting between the state and bail  bond agent to appear before the court as ordered once they are released.  There is usually a 10% payment required to the bail bond agent for this service. 

Contacting the bail bond agent can also be done by a family or friend of the defendant with the same agreement to pay the state bail for the defendant to be released. However, the family member or friend are co-signing this agreement and will be responsible for that person appearing at all court dates.    

What are free state bail bonds? 

From June 2016 through October 2017, eleven counties in the state of Indiana launched a program that was considered a progressive for pretrial release. It was using a different methodology for persons that had been arrested and awaiting trial behind bars. 

Under this pilot program, instead of a judge setting local or state bail for anyone arrested, they used a risk assessment and determined if a defendant should be released with an agreement they would appear for any court dates without posting bail. 

The outcome intentions was to accomplish several different things, among them were the following: 

  • Reduce jail overcrowding
  • Save taxpayers money
  • Help the local economy
  • Be more humane and rational with low-risk offenders
  • More rational for defendants that were low-income, below the state poverty level

Was it worthwhile? There are arguments to both sides, some saying it was a risk by setting free what could be dangerous criminals. Bail bond agents that provide state bail felt it may be helpful for minor offenders but could cost the taxpayers of Indiana more in the long run.

Because there wasn’t any actual data recorded before this program was started, there isn’t any way to measure the success or failure. Some counties within Indiana said they had a decrease in failure-to-appear charges, other counties didn’t have any data to support that same finding. 

Can a person on bail leave the state?

Along with other factors and if a defendant is out on Federal bail or state bail will determine the ability to leave the state of Indiana. Any person out on state bail will need to adhere to restrictions put in place by the judge and the bail bond agent.  No matter what type of bail a person is released, local, Federal, or state bail, leaving the country is never allowed. 

Travel out of the city is acceptable, but any one on state bail will be in violation if they were to leave the state of Indiana without permission by their bail bond agent. Every case is different, and there are complexities within the law that make it more difficult to know what I and isn’t allowed.  This is why having a criminal defense attorney is always recommended. 

Which state has no bail?

There are eight states in the country that have abolished state bail between 2008 and 2012 as a method to be released from jail until the defendant’s court date. Those eight states are: 

  • Illinois
  • Kentucky
  • Maine
  • Massachusetts
  • Nebraska
  • Oregon
  • Washington D.C.
  • Wisconsin
bail money

In which state anticipatory bail is not available?

Every state has various laws when it comes to bail, but the basics are typically when somebody is arrested for a non-capital crime, bail is usually expected. There are some states with their statues modeling federal law that permits the defendant  pretrial detention for serious violent offenses. 

Such as Alaska and New Jersey with reforms enacted in 2014 to abolished cash bail for most cases. Instead a defendants is released with supervision or mandatory detention after risk assessment has been reviewed and determined. 

As of 2008, Illinois, Kentucky, Oregon, and Wisconsin and in 2012 Maine and Nebraska followed suite to abolished commercial, aka for-profit bail bonds by bail a bond agency. A required deposit instead, paid to the courts. 

  • California has a bail schedule system where the state court judges refer to this bail schedule, the defendant’s criminal history, and concerns of community danger. The elimination of cash bail in its whole being was lost in the November 2020 election.  
  • Texas, the law reads, “the ability to make bail is to be regarded, and proof may be taken upon this point.” Some courts however, have set up a fixed schedule to determine bail with no consideration of the ability for the defendant to pay according to the scheduled amount.
  • Tennessee has a bail system for  all offenses with capital crimes possible for denied bail. 

State Bail Jumping is when a defendant does not appear at court dates after being released on bail. This is also called Failure to Appear.  It is the state attorney hat determine if the act intentionally without a legal reason. Call 317-423-9300 today for your bail bonds needs in Avon and Indianapolis, IN.

What is the crime for drug possession?

drugs exchanged

What are some drug charges?

There are many states that are changing their laws on marijuana drug charges, and at the same time, there are many states that are cracking down with even tougher laws. In the meantime, the federal government hasn’t eased up on any of U.S. marijuana laws, marijuana criminal charges can damage a person’s criminal record forever. 

In the state of Indiana, illegal drug use is a big problem, just as it is around the country. From heroin to methamphetamine, there is an on-going war on drugs here in the Hoosier State. This has caused the state to establish strong laws on drug charge possession with serious and life damaging consequences such as these: 

Class D Felony: punishment 6 months to 36 months in prison plus a $10,000 fine. 

  • Less than 3 grams Cocaine, Methamphetamine 
  • Less than 3 games within thousand feet of school property with Ecstasy, Heroin, LSD, or other Schedule I Drugs punishment 
  • Over 30 grams marijuana

Class C Felony: punishment 2 years to 8 in prison plus a $10,000 fine.

  • Over 3 grams Cocaine, Methamphetamine

Class B Felony: punishment 6 years to 20 years in prison plus a $10,000 fine.

  • Less than 3 grams Cocaine, Methamphetamine

Class A Felony: punishment 20 years to 50 years in prison plus a $10,000 fine.

  • Over 3 grams Cocaine, Methamphetamine with school zone enhancement 

Class A Misdemeanor: punishment Up to 12 months in county jail with a $5,000 fine.

  • Less than 30 grams Marijuana

Is drug possession a felony or misdemeanor?

It can depend according to Indiana State Code § 35-48-4-7. The definition of controlled substance according to this State Code is a drug, a substance, or the immediate precursor as listed in any of the stated 5 categories or on a one of the scheduled drugs. A person found in the possession of the listed controlled substance and doesn’t have a valid prescription can face a Class A misdemeanor drug charge or a Level 6 felony drug charge.  

Considerations that can raise the level of the drug charge offense include the quantity of the drug, paraphernalia, or any of the precursors of a person in possession, and whether that person possess a firearm; additionally if the drug charge offense is within a thousand feet of a school or park.

The various types of a controlled substance drug charge possession can apply to all possession drug charge offenses in one of these two categories:

  • Simple possession.
  • Possession with intent of distributing.

The amount of the drug and what type of drug are what define these differences. A higher quantity of certain drugs can tip the scale to the higher drug charge possession with intent of distributing. 

How many years can you go to jail for drug possession?

Drug charge offenses in the State of Indiana can vary between a Class B misdemeanor with a penalty maxed at 180 days jail time with a $1,000 fine up  to a Level II felony and a penalty maxed at 30 years in prison with a $10,000 fine.

What drugs are misdemeanors?

In Indiana, you can face a Class A Misdemeanor Drug Charge for dealing, knowing of or intentionally manufacturing, delivering, financing, or possession with intention to any of the same acts in any of the following: 

  • Hash oil
  • Hashish
  • Marijuana
  • Salvia
  • Synthetic cannabinoid

Can misdemeanor drug charges be dropped?

With lawyer representation, having a misdemeanor drug charge dropped is possible in some instances.   There are options for a client not to have their case taken to trial or follow through with the trial with a possible dismissal of the drug charge. With no prior criminal record, a judge may offer a pre-trial diversion or conditional discharge of the drug charge. 

These are two distinct processes with a similar result. With a pre-trial diversion, it  is an agreement between the defendant and the state where prosecution will be withheld after certain requirements are completed. Those certain requirements are typically fees and substance abuse classes. 

A conditional discharge is another type of agreement between the defendant and the court where a guilty plea is entered but judgement is withheld. Again, certain requirements must be met like a probation period and substance abuse classes. 

dog sniffing out drugs

Can marijuana charges be expunged?

In the state of Indiana, to have low level misdemeanor marijuana charges expunged, the defendant must meet the following conditions: 

  • Minimum of 5 years since the conviction. 
  • No recent convictions in those 5 years leading up to expungement petition.
  • All fees, fines, restitutions, and court costs are paid in full.
  • Full payment of all fees, fines, restitution orders, and court costs.

Need help with drug charge bail in Avon and Indianapolis, IN? Call 317-423-9300 today.

What is Surety Bond to Get Out of Jail?

bail signage

What is the purpose of a surety bond?

When a person is arrest, the arraignment before a judge is when the amount of bail is required to be released. A bail is paid in cash to the court, or the person can obtain a surety bail bond. What is surety bail bond

A surety bail bond is obtained from a licensed bail bond agent or company. Ten percent is paid by the defendant (or on behalf of the defendant by a family member or friend) to the bail bond agent or company, who then posts bail to the courts on the defendant’s behalf. A surety bail bond is not refundable. 

A surety bail bond is a three-party contract with a promise by a person to bay a debt liability, a default, or failure of another person. 

How does a surety bail bond work?

When you have a love one or a friend in jail, helping them be released is the next step after making sure they are okay. However, most of us do not have the amount of cash it take to post bail, so obtaining a bond is the next step. 

A surety bail bond can be obtained from a licensed bond agent or company for 10% of the bail amount.  Once the premium of 10% is paid  upfront, which is non-refundable, the bail bond agent will cover the remaining about of the bail and the defendant is release. 

While the key advantage and point of a surety bail bond is the defendant being released quicker, there is risk involved for the person obtaining the surety bail bond for them. The number one risk is the defendant leaving town and skipping out on bail. If the defendant doesn’t appear in court as ordered by the judge, the cosigner is responsible for paying the bail bond agent or company back for that full bail amount. 

Are surety bonds refundable?

Generally when a surety bail bone is purchased, it is deemed “fully earned” for the first term, which is typically one year. What that means is that a surety bail bond purchased, you cannot get a refund for the first year after it was purchased. Certain situations make an exception t this policy: 

  • If be surety bail bond wasn’t submitted to the court and the original bond is returned to the surety company. 
  • If the surety bail bond is cancelled mid-term.
  • If the surety bail bond is cancelled after the first term and a renewal term has been obtained. 

The amount of money refunded under those situations is based on the amount that was paid, aka the bond premium.  The surety bail bond company will work from a predetermined schedule for the amount that will be refunded. 

Do you pay surety bonds monthly?

A surety bail bond is quoted as a onetime purchase term, there is no payment plan offered. The terms can be set at one year, two year, or three years. 

Do you get your money back on a surety bond?

When you enlist the services of a bail bond agent for a surety bail bond to have a family member or friend released from jail, you will pay only a percentage of the bail set by the judge. This amount is non-refundable to the bail bond agent, and as long as the defendant appears for all court appointed dates, the full bail will not need to be paid. The fee the bail bond agent charges is not refundable in any case.

How do you cancel a surety bond?

The provision for every type of bond are different, such as bid bonds or performance and payment bonds. The first, a bid bond, is closed when the bid is closed.  However, a performance or payment bond, a surety bail bond, required for getting a person released from jail, can only be cancelled by a legal affidavit signed by a judge. 

Another means of surety bail bond cancellation is the person who obtained the bond to cancel.  If it is suspected that the defendant isn’t going to follow the rules set forth and comply with the surety bail bond conditions, the person that obtained the bond can cancel  said bond. The person that desires to cancel the bond will need to contact the surety bail bond agent or company for instructions.  

surety bond

What happens when a bond is canceled?

Once a surety bail bond is cancelled, the accused will be returned to jail until their court date. Cancellation should be done with ample forethought to the repercussions like the defendant can’t return to work. 

The surety bail bond fee is usually not refunded since the accused defendant did not appear in court. If property or cash was put up for the bond, that will be returned after the defendant is incarcerated or appears for all court dates and is released from all obligations by the judge. 

What is the difference between a surety bond and a bail bond?

A bail bonds involves only the defendant and the presiding court where the defendant is being held. A surety bail bonds is a process that involves three parties which includes the court, the defendant and the surety bail bond agent. Call 317-423-9300 today for surety bond in Avon and Indianapolis, IN.

What is considered an emergency situation?

woman under arrest

What is emergency legal aid?

When it comes to an emergency situation that requires emergency bail, isn’t the fact that you’re arrested enough of an emergency? Or is there something else that overrides being arrested that is more of an emergency?  Exactly, what constitutes legal emergency that requires emergency bail? 

The definition we found for a legal emergency is a sudden, urgent, and usually unexpected occurrence requiring immediate assistance for the recipients of public assistance. The principal purpose of this legal emergency assistance is to control the situation restore things to normal. This would indicate that emergency bail is meant for those arrested during this legal emergency. 

After a natural disaster, legal aid services are critical for comprehensive disaster relief.  Legal aid services sent attorneys out to the areas needing legal assistance to provide legal assistance pro bono. They also are prepared to direct the survivors to any assistance they need other than legal representation such as emergency bail, like clothing, food, housing, transportation and more.  

If my bond is 1000 what is bail?

After an arrest, the suspect will be arraigned by a judge where the bail will be set. Each state has its own bail system, but most minor misdemeanors are $500. However, the judge can make that lower or higher using the following factors to make the determination: 

  • The Evidence:  The amount of evidence against the suspect is present, the judge will use that as a basis to determine if they are guilty of the accused crime and if there is a chance they will be sentenced. If the judge feels the evidence shows they are guilty, the bail will typically be higher. 
  • Criminal Background: If the suspect has a previous criminal history, the judge will set a higher bail to encourage the accused not to repeat the suspected crime as a way of protecting the community.
  • Public Risk: For any level of the law, judges included because they are held to uphold the justice system, the public’s safety is always a consideration. The judge will consider what risk the suspect may be or not be to the public when setting bail. A repeat offender or a person with background of violent behavior are considered to be a public risk, thus the judge will set a high bail. 
  • Flight Risk: If a judge feels that a suspect could possibly leave the state or country, they are considered to be a flight risk and could possibly “disappear” before their trial.  In this case, the judge will set a high bail amount.
  • Offense Severity: The more severe the crime that the accused was arrested for, the higher the bail. Any fines that will be required, or if the accused is facing possible time in jail could cause the judge to set a higher bail.

What if I don’t how to apply for anticipatory bail?

An anticipatory bail is when a person expecting to be arrested can request to post bond prior to the arrest. It is a legal pre-arrest process that directs the person named in the bail is to be released upon arrest. The arrest still takes place, the person simply does not go to jail. 

If a person in this situation isn’t familiar with how to fill a bail bond request for anticipatory bail, they should seek legal counsel on the matter. A criminal attorney will have the experience and knowledge of the process and can advise the person if this is a possibility for their situation. 

When a person is arrested, the first thing that comes to mind is “I need to get out of here!”, and in most cases, that requires posting bond, which at that time to them is an emergency bail.  That can’t be done until the person has been arraigned and the judge set bail. Unfortunately, most people do not have an emergency bail fund waiting for somebody to be arrested.

For those people, an emergency cash bail out is possible with the service of a bail bondsman. For a family member, friend, or anyone that the arrested person has contacted, they can apply for one of the emergency loans for bail and the bail bondsman will go to the jail and post the bond. 

There is a small down payment required, usually 10% of the bail amount that must be paid by the person requesting the emergency bailout. The person signing for the bail will be the first person the bail bondman will contact should the arrested person not appear in court as ordered by the judge. It is important that the arrested and the person(s) that helped them post bail realize that the bail is not a fine for the crime they are accused.  Bail is not a punishment, but a legal tool to endure the defendant appear for all future court dates including any pretrial hearing and the trial itself. For emergency bail assistance in Avon and Indianapolis, IN, call 317-423-9300 today.

How Long Can You Be Held on a Probation Violation?

A Defendant Being Heard for Probation Violation

How long can you be held on a probation violation?

Judges take probation violations seriously and it could mean jail time for the violator. As with any other violation, you are considered innocent until proven guilty. However, if you’ve allegedly violated your probation, at your hearing, evidence can weigh heavily against you, and you can face jail or prison time if found guilty. The jail time can vary, and it could mean you end up serving the remainder of your sentence in jail or prison.

When you’re first brought in on a probation violation, you may spend some time in jail, and depending on the circumstances, the judge usually has the option whether or not to grant you bail. In most cases, if bail is granted, it will be significantly higher than for the original offense. When you need bail for probation violation in Avon and Indianapolis, IN, you can always count on reliable services at Indiana Bail Bonds. You can reach us 24/7 by calling 317-423-9300.

What are the two types of probation violation?

When you are put on probation by the courts, you’ll be subject to terms that you must not violate in order to uphold your probation. A probation violation occurs when these terms are not upheld. Two types of probation violations exist:

  • Substantive: A substantive violation means you’ve committed a criminal offense that is separate from the offense for which you received probation. If, for instance, you are on probation for a drug offense but commit an armed robbery while on probation, this offense is considered a substantive violation.
  • Technical: Technical violations occur when you break the actual terms or conditions of probation. If one of the terms of your probation is to hold down a job and you fail to get a job or lose that job, you’ve committed a technical violation.

Is probation violation a felony?

A probation violation can either be a felony or misdemeanor offense. This will depend on the original charges. If your original charges were for a felony offense, then you will be guilty of a felony probation violation. The same is true for a misdemeanor offense.

Can a probation violation be dismissed?

Technically, a probation violation isn’t an additional crime, so it cannot be dismissed as if it were a criminal case. If you’ve been arrested for violating your probation, you’ll have to appear at a hearing to determine whether or not you actually violated the terms of your probation based on the preponderance of evidence brought up by prosecutors. Should enough evidence be presented that determines you did, indeed, violate your probation, the judge will then revoke your probation and decide what to do from there. This decision could range from an extended probationary period to jail or prison time to fulfill your sentence. If there’s not enough evidence to show you were in violation of probationary terms, the case against you will be dropped and you will resume your probation under the same terms as before until it is completed. The case technically isn’t dismissed because the criminal charges against you aren’t dismissed.

Do probation violation warrants expire?

A warrant on a probation violation can be indefinite. The only way the warrant can expire is if a probation officer, judge, or some other court officer revokes the warrant. Otherwise, you can be arrested at any time on the warrant.

How can I avoid jail time for a probation violation?

One of the most difficult things to do when it comes to a probation violation is avoiding jail time. It’s not impossible. It is, however, going to take a lot of work. You’re going to have to try to fix any violations of terms that you can, if possible. For instance, if you have to do community service and haven’t completed the time, you can do the full amount of community service to get credit for it. Some violations like coming up positive on a drug test can’t be fixed quite as easily. You’ll have to take action and change behaviors, such as passing multiple drug tests and enrolling in drug rehab and other support groups.

If you continue to associate with old friends who also happen to be criminally active, you’re going to have to find new friends. In fact, you want to build relationships with respected community members and mentors such as pastors or small business owners you work for or who know you and will vouch for you in court. You’re also going to have to prove you are a valuable person to your community, which means you’ll have to do things like getting a job, taking care of your children, and volunteering. Trying to fix issues like this won’t guarantee you’ll stay out of jail, but are the types of actions you’ll have to take to try to do so.

Does probation violation go on your record?

A probation violation will go on your record. Moreover, that violation will make it more difficult to get records expunged later on, which can affect your life in negative ways from gaining employment to getting loans.

What can you not do on probation?

When you are put on probation you’re going to receive certain terms and conditions that you must meet to fulfill your sentence. Some terms will outline actions you need to take like performing a certain amount of community service hours or attending drug or alcohol rehab. Others will be restrictions on your actions that can vary from not having contact with certain people to not traveling out of state to not using illegal drugs or using alcohol in excess. Restrictions will be determined by the courts and will vary by case.

Probation violation no contact order

No contact orders are a common probationary term in domestic violence or assault cases. These orders in general state you must stay away from an alleged victim and have no or limited contact with them by other means such as phone calls or through social media. Usually you have to stay a certain distance away from that person and if you stray beyond that distance, you’re in violation of your probation, and have committed a completely separate crime that will be prosecuted separately from the probation violation.

If you have been alleged of a probation violation in Avon and Indianapolis, IN and have been arrested and jailed, you can get help with bail from the professionals at Indiana Bail Bonds. We are available 24/7. All you need to do is call 317-423-9300.