What are the Penalties for Drug Possession?

drugs next to a skull and hammer signifying death and law

Drug Bail Bonds

Like in most states, there are laws pertaining to drugs in the state of Indiana. And they have established their outline for bail bonds for drug charges, with various classifications of the charges. They can range from a Class B misdemeanor that can face 180 days maximum jail time and a maximum $1,000 fine and up to a Level 2 felony that faces 30 years maximum prison time with a $10,000 fine.

About Drug Charge Bail Bonds

There are several questions about the unknown though, here in Indiana or in any other state. In this piece, we will answer some of the most asked questions, starting with, ”Is it possible to post bail bonds for drug charges without a bail bondsman in Indiana?” Well, that is going to depend on how much cash you have on hand. 

After being arrested by Indiana police, the accused is taken to the local jail or a processing center and ‘booked’. This is where the arrest is recorded, a mug shot is taken along with fingerprints. Then the police report is submitted to the prosecuting attorney where how the charges will be filed is determined. 

Once the charges are filed, the accused becomes a defendant and they are then taken before an arraigning judge. It is the judge who will determine if the defendant is granted permission to post bail bonds for drug charges or if bail is denied. Standard bail amounts are as follows: 

  • Murder has no bail allowed
  • Level 1 Felony  bail is $40,000 in Cash or a Surety bond
  • Level 2 Felony bail is $30,000 in Cash or Surety bond
  • Level 3 Felony bail is  $16,000 in Cash or Surety bond
  • Level 4 Felony bail is $600 in Cash or $6,000 Surety bond
  • Level 5 Felony bail is $300 in Cash or $3,000 Surety bond
  • Level 6 Felony bail is $200 in Cash and $1,000 Surety bond 
  • Misdemeanor Charge is $250 in Cash or $1,000 Surety

Most people don’t have those large amounts of cash on hand; thus they seek the services of a bail bonds agent. However, a defendant on drug charges will sometimes have large amounts of cash on hand at the time of the arrest, but that is confiscated or evidence and cannot be used to post bail bonds for drug charges.

various drugs on a table

What are the requirements to post bail for a drug charge in Indiana? 

The arraigning judge will review the arrest and surrounding conditions of the arrest. They will also review the defendant’s previous criminal record, employment status, family situation, and standing in the local community.  

A repeat offender will likely be denied the opportunity to post bail bonds for drug charges. If it is a first-time drug charge arrest, the factors that we just mentioned will be reviewed to decide if bail will be set and allowed.

What type of collateral is typically required for bail bonds on drug charges in Indiana? 

Collateral is any assets the defendant or a person posting their bail bonds for drug charges has. Collateral secures the debt for the bail bondsman in the case the defendant skips town or doesn’t appear before the courts as required. The types of collateral that can be offered to post a bail bonds for drug charges include: 

  • Cash
  • Bank Accounts
  • Bonds
  • Jewelry
  • Real Estate
  • Stock
  • Vehicles

… and more. A bail bond agent can advise as to what they will accept for collateral. 

The bail bond agency may not require collateral based on some of the same information that the judge uses for determining bail. 

What are the consequences of skipping out on a bail bond in Indiana?

Skipping out on a bail bond for drug charges, or any charges, is a serious event that will result in additional criminal penalties in addition to the original charge. If the original charge was filed as a misdemeanor, bail jumping could result in that being increased to a felony. 

In addition to the criminal charges, the judge has the ability to declare any of the following:

  • order any money or collateral for the bail bond for drug charges to be forfeited.
  • order an arrest warrant for the defendant to be arrested.
  • revoke the pretrial release and the defendant will be incarcerated until their trial.
  • impose additional conditions, including a higher bail bond for drug charges if so allowed by the judge. 

A Closing Question: 

Does the court consider the defendant’s financial situation when determining bail? No, the only financial consideration a judge takes when determining bail bonds for drug charges is if the defendant is employed.  As it has been said, if you can’t do the time, don’t do the crime, the same could be said if you can’t pay the fine (or bail bond), don’t do the crime. In summary, don’t get involved with drugs or those who are involved with drugs, and you won’t have any worries going forward about posting bail bonds for drug charges.

Indiana Bail Bonds helps with bail for drug charges in Indianapolis, IN. Call 317-423-9300 to find out more.