If your spouse is arrested and sent to Marion County Jail, you will want to immediately reach out to an attorney for guidance and a clear understanding of how you can protect the rights of your family. Taking immediate action can ensure there are no missteps in the process that may lead to additional jail time and can provide you with knowledge that you are responding in a way that can help get them out faster.
How long is someone held in jail after an arrest?
After an arrest for suspicion of criminal activity, the police will take the suspect to Marion County prison for processing. “Processing” includes getting a photo and fingerprints taken, and information documented so that the individual is now in the system. At this point, the suspect should NOT make any statements to the police that might incriminate them. Even sharing the most basic information about what happened could be used against them.
Once they are processed, they will likely be scheduled for an initial hearing to determine if the charges were justified in the eyes of the law with the information provided. There may be the opportunity to be released on bond before a hearing, but there can be many different stipulations placed on the release that must be understood.
How is bail set?
Bail is money that you pay to the court to promise that your spouse will come back for their court dates. At the first court hearing, the lawyers from both sides can argue about how much the bail should be. Several factors affect the bail amount. These include:
- Severity of the crime: Generally, the more severe the crime, the higher the bail amount. Violent crimes tend to have higher bail amounts compared to non-violent crimes.
- Flight risk: If there is a chance that a defendant might leave the area to avoid trial, the court might set a higher bail to prevent this. Defendants who are employed and have strong family ties to the community, on the other hand, might have lower bails set because the court considers them less likely to flee.
- Previous criminal record: If a person has a history of not showing up for court or has many past offenses, the bail could be higher. The court may also deny them bail entirely.
- Danger to the community: If a defendant is potentially a danger to the community, the court may set bail higher or deny bail to protect public safety.
- Financial resources: Courts also consider the financial resources of the defendant. The idea is to set bail at an amount that is significant enough to ensure that the defendant will appear for court dates but not excessively punitive.
In Indiana, you can pay bail in a variety of ways, including cash or card. Paying this fee allows someone accused of a crime to leave the jail, with the promise that they will return for future trial dates.
How can you protect your family’s rights?
While you deal with bail, it is important to protect your family’s rights too. Know what rights your spouse has, and make sure the authorities respect those rights. Talking to a lawyer can help. A Marion County criminal defense attorney can give you advice, speak for you, and make sure your family’s rights are not ignored during this difficult time.
Navigating the complexities of the legal system can be daunting. However, with the right information and support, you can act effectively to bring your spouse home as soon as you can.