Indiana is a relatively safe state–the crime rate is on par with the national average–but that does not mean that there are no criminal acts committed or alleged criminal acts. It is important to understand bail bonds Indiana, just in case you need to avoid jail time.
A Closer Look At Indiana and Posting Bail
The law states that the right to post bail is simply “to ensure the presence of the accused when required without the hardship of incarceration before guilt has been proved and while the presumption of innocence is to be given effect.” This was something that sprouted from Hobbs v. Lindsey, 240 Ind. 74, 162 N.E.2d 85, 88 back in 1959.
Of course, you should understand that Indiana still has several codes within the law that says a court may “admit a defendant to bail” as long as certain conditions are met that ensure the defendant’s presence during the legal proceedings that follow the posted bail. It is important to remember that a bail bondsman must first be approved by the Commissioner of the Department of Insurance.
The bail bondsman will also need the approval of the insurer that is connected to any and all judicial proceedings. This approval is done through a power of attorney, and it is how a bondsman secures the premium that he or she is paid. Premiums are just ten percent of the bond, which is something that the bondsman gets from his or her clients.
Understanding the Premium
Bond premiums are a little interesting to navigate depending where you live. Some states do not have a limit as to how much a bondsman might charge while others have a specific amount that cannot be exceeded. Thankfully, Indiana is a state that ensures that the amount charged has to be 10 percent. This amount is set to protect citizens from having to pay beyond what is fair.
Bail Bonds in Indiana
There have been some bold moves in Indiana regarding the amount that can be charged, which has been 10 percent for years. Indiana’s Department of Insurance received a petition to decrease that amount to an 8 percent rate. The rate is 20 percent less than what is allowed in the state as of now.
The petition argued that many people are still unable to post bail because the price is simply too high for them. The state is already suffering from overcrowded jails, which makes it imperative that they release as many people as possible to have enough space for more dangerous criminals.
The petition also pointed out that Indiana’s tax payers are burdened by housing some of these people, so lowering the amount that a bail bondsman can charge is in Indiana’s best interest. The petition passed, but hearings must still be heard before Indiana feels the effects.
The History of Bail Bonds in Indiana
The bail bonds industry came to Indiana just as it did to the entire country, which was from England. The industry has a strong and rich history. For one, some of the earliest recordings of bail bonds was back in the year 1275. At that time, the system seemed to be rigged, and many people were cheated out of their money. Of course, over time, provisions or laws were in place to control the industry and present to the people what should have been presented from the start: a fair industry attempting to help.
English laws regarding bail can be traced to the United States in different instances like The English Bill of Rights of 1689, which says “excessive bail hath been required of persons committed in criminal cases, to elude the benefit of the laws made for the liberty of the subjects. Excessive bail ought not to be required.” This particular bill can be called the birth of the Eighth Amendment in the Constitution of the United States.
Indiana itself has played a pretty big role in the history of bail bonds, too. For example, the Indiana bail industry was able to veto a piece of legislation through a motion to reconsider. The bill that was under consideration was regarding clients who wanted to pay for their bondsman bail using a credit card. Indiana has “no credit bail” laws in place, which made this particular bill hard to swallow for some legislative bodies in Indiana.
One person who felt like that was the governor at the time who thought the bill was a form of credit bail. The fact was this was a mere misunderstanding and that there were major differences between credit bail and the use of credit cards to purchase a bail bond. The major difference is that this bill allowed for detainees to pay a bill to a business using a credit card–not a governmental entity like the court. Indiana bail bond industry truly made a difference back in the mid-1990s that affected the rest of the country.
Notable Bail Bond’s Case in Indiana
One notable case that some may remember is Twista’s case. Twista–who is a well-known rapper–was on his way to a concert when he was arrested. The reason that he was stopped was because the officers believed that he was driving too close to a truck. The officer distinctly smelled marijuana coming from within the car. The officer’s suspicions turned out to be true. Twista, along with three companions, were arrested. Twista found a way to get his bond posted for 500 dollars. He only served a few hours in jail.
It is clear that there is no difference between those who are rich and those who are not rich when it comes to serving time at any capacity because no one wants to be in jail. Indiana is one of those states that is allowing for the bond industry to help more and more people who might be caught in a correctional facility for any given reason. What most bonds people in Indiana understand is that–for the most part–many of the people who are arrested are honest people. These people just happened to make a mistake, which they will either rectify or contest at the proper time, but they do not need to stay in jail until that time arrives.