Fact Check: Indiana has laws that allow for bonding out from jail even before seeing a judge for MIP with a pre set bond.

Fact Check: "Indiana has laws that allow for bonding out from jail even before seeing a judge for MIP with a pre set bond."

What We Know

In Indiana, the process of posting bail, including for Minor in Possession (MIP) offenses, is governed by state law and local court rules. Generally, a defendant must be seen by a judge to have bail set. However, there are provisions that allow for certain types of bail to be posted before a court appearance. According to the BOND SCHEDULE, cash bail bonds can be considered a personal asset of the defendant and are held in trust by the court clerk. This indicates that there are mechanisms in place for bail to be processed, potentially allowing for release prior to a formal court appearance.

Additionally, local court rules specify that a defendant may execute a bail bond by depositing cash or sureties with the clerk of the court, as noted in the PDF Local Court Rules. This can occur under specific circumstances, such as when the court allows it for good cause shown.

Analysis

The claim that Indiana has laws allowing for bonding out from jail before seeing a judge is partially true. While it is standard for defendants to appear before a judge to have bail set, Indiana law does provide for certain situations where bail can be posted prior to this appearance. For example, the Bail Information indicates that after being seen in court, a judge may set bail; however, the process for posting bail can begin earlier under specific conditions.

The sources used in this analysis are generally reliable, as they include official state documents and legal guides that outline the bail process in Indiana. However, the interpretation of these laws can vary based on local practices and specific circumstances surrounding each case. Legal interpretations may differ, and the application of these rules can depend on the discretion of the court.

Conclusion

The claim that "Indiana has laws that allow for bonding out from jail even before seeing a judge for MIP with a pre set bond" is partially true. While it is true that there are provisions for posting bail before a court appearance under certain conditions, the standard procedure typically requires a judge to set bail first. Therefore, while there are mechanisms in place that can facilitate early release, they may not apply universally to all cases.

Sources

1. BOND SCHEDULE
2. PDF Local Court Rules - IN.gov
3. Bail Information
4. Bail and Bond in Indiana: A Comprehensive Guide
5. Navigating the Bail and Bond Process in Indiana
6. Understand Bond/Bail In Indiana | Harper and Harper, LLC
7. The Bail and Bond Process in Indiana | Wruble Law LLC
8. Navigating the Bail Process: What You Need to Know — Indiana Law Blog