How Can I Become Eligible for Jail Release?
When you are facing criminal charges or serving a criminal sentence that includes time in a jail, you might hear about the possibility of something known as “jail release.” There are different periods during the criminal justice process where jail release is possible, and options for jail release will depend on the specific facts of your case and what options are available to you based on your charges and your own financial circumstances. While jail release does not involve a release from the terms of your sentence — it is not an opportunity for a suspended sentence, for example — and does not prevent a criminal case against you from moving forward, it can allow you to be temporarily released from jail for certain reasons.
How can you become eligible for jail release? It depends on the circumstances, and our Indianapolis criminal defense attorneys can tell you more.
Pretrial Jail Release Eligibility
While you are awaiting trial in Indiana, you have a right to bond on all charges except for Murder. Therefore you are eligible for jail release so that you do not have to spend the time leading up to your trial in jail. Under Indiana Code Section 35-33-8-3.2, after a person goes through a pretrial risk assessment in Indiana, then the court “may admit a defendant to bail and impose…conditions to assure at the defendant’s appearance at any stage of the legal proceedings, or, upon a showing of clear and convincing evidence that the defendant poses a risk of physical danger to another person or the community, to assure the public’s physical safety.” When a person is released on bail, they may be required to do any of the following:
- Execute a bail bond;
- Deposit cash or securities in an amount that is equal to the bail amount;
- Execute an agreement for cash deposits to be used to pay fines, costs, fees, and restitution that the court may order the defendant to pay if the defendant is convicted;
- Execute a bond secured by property;
- Post a property bond; or
- Do multiple of the above requirements.
Depending on the circumstances, there are cases where an individual can be released on their own recognizance — without having to go through a jail release on bail — if they have no criminal record and are not facing charges for a violent crime.
Jail Release Following Conviction
Indiana law permits, IC 11-12-5-2, a temporary release from custody — a temporary jail release — when a person is serving jail time “upon conviction of a crime or adjudication of contempt” for specific purposes, including to work, to go to school, or to obtain medical treatment. In order to be eligible for this type of temporary jail release, the following must be true:
- Court has not disapproved of the person’s temporary release from jail; and
- Person seeking temporary release has not been convicted of a sex offense.
Contact an Indianapolis Criminal Defense Attorney
Do you have questions about jail release and your eligibility for it? Whether you or a loved one needs help with jail release, one of our experienced Indianapolis criminal defense lawyers at Rigney Law LLC can assist you. Contact us today to learn more about how we can help.
Sources:
codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-33-8-3-2/
law.justia.com/codes/indiana/2012/title11/article12/chapter5
