By: Russell B. Cate, Member
Being arrested can be scary, confusing, and embarrassing. If you have never been arrested in Hamilton County, Indiana before, you and your family may not know what to do. Each county has a different set of procedures law enforcement follows once someone is taken to jail before they are able to be released.
If you are arrested in Hamilton County, Indiana, you may receive a “summons arrest” which is a piece of paper instructing you on when and where to report to court. Instead of going to jail, you must report to court at the designated time provided to you by the officer on the summons arrest. Your failure to report to court at the designated time and place may result in the Court issuing a warrant for your arrest.
It is also possible that law enforcement may have taken you or a loved one to jail. Jail can be frightening if you do not know what to expect. Depending upon the reason for your arrest, your jail stay may not last more than a few hours. If you were arrested for a lower level offense, the Hamilton County jail will send a member from the County’s pre-trial release program to screen you for eligibility to participate in the pre-trial release program. Generally speaking, the pre-trial release program will screen inmates to determine their risk level upon being released. A variety of factors go into this determination. If you are eligible for the pre-trial release program, you may be released on your own recognizance, which means that you would not have to post a bond. In lieu of having to post a bond, the pre-trial release program may require you to meet certain conditions or maintain contact with the program.
If you are ineligible for the pre-trial release program, you will be brought before a magistrate within 48 hours of your arrest. The Court will set a bond for your case. In order to be released from jail pending trial, you will be required to post this bond. If the bond is a cash bond, you may post the entire amount in cash. The bond will be returned to you at the conclusion of your case (less any court costs, fines, fees) so long as you appear at all scheduled hearings and abide by the conditions of your bond. If the bond is a surety bond, you are required to hire a bondsman and post 10% of the surety bond amount. The Court, in some rare circumstances, may set a hybrid bond with a portion of the bond in cash and a portion of the bond as surety. You will be required to appear at all future hearings associated with your case.
It is important to hire competent legal counsel who is familiar with the local judicial system. If you or a loved one has been arrested, hire counsel right away. Our lawyers are available by email and telephone should you need to contact us. If you have questions regarding an arrest or pending criminal investigation or charges in Hamilton County, Indiana please give the attorneys at Cate, Terry & Gookins LLC a call.