Being arrested on suspicion of committing a crime is one of the scariest events a person can experience. Even if the person knows why police are arresting him or her, the loss of control and resulting feeling of helplessness are difficult to process. This sense of fear is exponentially heightened when the person is taken before the judge at the initial hearing. During this hearing, which typically occurs on the first business day following arrest, the accused is informed of the charges, his or her rights, what the minimum and maximum penalties are for the crime charged, and whether the government will hold him or her until trial or release him or her on bail. This entire process is meant to intimidate the accused in order to pressure the person into compliance, and illustrates the precise reason a criminal defense attorney is needed to defend the rights of a person accused of crime. Recent reforms to the bail system in Indiana are designed to reduce the number of people languishing in jail because they cannot afford to post bail. A discussion of the bail system generally and the new changes to the bail rules will follow below.
What is Bail?
The first thing most people think about after being arrested is how soon they can get out of jail. Bail is the amount of money a person pays to gain release from police custody. This money also serves as a financial guarantee the accused will appear in court because if the defendant fails to attend all required hearings and court dates, he or she forfeits the money and is subject to re-arrest. Before the new bail system that will be discussed below is implemented, the amount of money a person paid was based on a bail schedule and set according to the crime charged. Judges had discretion to increase or decrease the bail amount based on flight risk and the seriousness of the crime at issue. Although defendants can typically limit how much they personally pay by using bail bondsmen, this money, 10% of the requested amount, could still be out of reach to poor defendants.
New Rules on Bail
Criminal reform advocates have pushed for changes to the bail system in this country for years, citing its unfairness to those with limited financial means. A study was commissioned to look at this issue and included representatives from the courts, legislature, prosecutors, the state bar, and public defenders. In response to its recommendations, Indiana’s Supreme Court drafted a new bail procedure, and is presently testing it in nine counties. The intent is to implement the changes in all counties as of January 1, 2018. This shift in policy instructs judges to release defendants without ordering bail as long as they do not pose a flight risk or danger to themselves or others. Judges make this determination by individually assessing each case based on an “evidence-based risk assessment” to conclude if bail is appropriate, instead of referring to a bail schedule. This assessment is applicable in all criminal cases except those involving charges of murder or treason. By requiring judges to release a significant number of defendants without bail, defendants with limited finances will not face sitting in jail for months while they await trial. It will also relieve all defendants, generally, from paying bail if they do not seem likely to leave the area or hurt others, which is particularly important for those accused of nonviolent offenses.
Hire a Criminal Defense Attorney
If you are facing a criminal charge, hiring a criminal defense lawyer to represent your interests is one the best decisions you can make. An experienced defense attorney knows how to ensure your rights are protected and will fight to get the best possible result. Attorney Christopher L. Arrington represents clients in Danville and the surrounding areas. Contact him to schedule an appointment today.