Category Archives: Own Recognizance

Released pending trial without posting a bond

Marion County Bail Bond Codes

Jeff Downer  In Marion County, Indiana there a variety of bail bond types.  It is important to understand the nature of each bail bond type because each has its own rules about how much money is required and the procedures by which it is posted.

These bail bond types are frequently referred to by their computer code designations.  Find below list of bail bond types sorted by their codes and accompanied by an explanation of how to determine the amount to be paid and the procedures to be followed.

  • SR Bond –  The SR code designates a surety bond.   A surety bond requires the use  of a bail bondsman to post the bond.  The bondsman’s premium fee is 10% of the total bond amount set by the court.  If the bond is set at $10,000, the bondsman would be paid $1000 to post the bond.
  • CS Bond – The CS code designates a cash bond.  A cash bond would require that the entire amount of the bond set by the court be posted directly with the court clerk.  If the bond is set at $500 then then that amount must be paid.  Any person is eligible to post a cash bond.  Once the case is over the bond money will be returned less any fines and court fees that are deducted.
  • PR Bond – The PR code designates a percent bond.   A percent bond would require a payment of 10% of the total bond amount to be paid to the court clerk.  If the bond is $10,000 then the court clerk would need to be paid $1000.  Any person can post a percent bond. Once the case is over the bond money will be returned less any fines and court fees that are deducted.
  • XC Bond – The XC code designates a type of split bond.  XC bonds are a hybrid of a surety and a cash bond requiring a bond of each type to be posted.  How much that required to be paid can be confusing with an XC bond.   An $11,000 XC bond would require both $1,000 cash and $10,000 surety bonds to be posted making the total expenditure $2,000.
  • XR Bond – The XR code designates another type of split bond.  XR bonds are a hybrid of surety and percent bonds.  Again calculating the amount to be paid is confusing.  For example a $5,500 XR bond would require both a $5,000 percent bond and a $5,000 surety bond requiring a total expenditure of $1,000.

There are three other codes which are used instead of bond codes and designate release statuses that do not involve the use of bail bonds.  They are:

  • OR – OR means release on own recognizance.  It simply means that the defendant is to be released without the posting of a bond.
  • NB – NB indicates that the defendant is to be held without bond and is not eligible to be released.
  • CR – CR indicates a court ordered release due to no charges being filed or the case has been dismissed.
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Posted in Bail Bonds, Cash Bond, Indianapolis, Own Recognizance, Surety Bond. Tagged with , .

Who Needs a Bail Bondsman?

Jeff Downer  Just because someone has been arrested does not mean a bail bondsman will be required to post bail.   Defendants may be released to await trial by a variety of means.  The terms and conditions of pretrial release is set by the court.

The form of pretrial release the court may choose from is as follows:

  • Own Recognizance (OR) – An OR release doe not require the posting of any type of bond.  The defendant is released on only on their promise to appear.
  • Cash Bond – The court sets an amount and requires the entire amount of the bond to be deposited directly with the court.
  • Ten Percent Deposit Bond – The court sets a bond amount and ten percent of that amount is deposited directly with with the court.
  • Surety Bond – Also known as commercial bail, the court sets a bond amount which may be posted by a bail bondsman.  The bondsman charges a fee of ten percent of the total bond amount to post the bond.

When seeking to post a a bond, a bail bondsman is only necessary when the court has specified surety or commercial bail.

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Posted in Bail Bonds, Bondsman, Cash Bond, Commercial Bail, Own Recognizance, Surety Bond. Tagged with .

How Bail Is Determined

Jeff Downer  The question of how bail is determined comes up often.  The short answer is the amount, type and conditions of bail are set by the court.  Bail is initially set when the court issues a warrant or when the the defendant is processed into custody on an outright arrest by law enforcement.

The vast majority of arrests are of the outright variety and are set according to local court rules.  During the booking process intake personnel will apply a bond schedule or calculate a bail per the criteria provided by the court.  How bail is determined will vary from county to county and can be quite diverse.

If the defendant does not immediately post bail, the issue of bail can be readdressed during the defendant’s initial hearing or later on in a bail review proceeding.   Such occasions allow for the consideration directly by the court of information and factors not available at the initial bail determination.

Throughout the bail determination process the key considerations center on charge severity, risks of fleeing and concern for public safety.

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Posted in Bail, Bail Bonds, Cash Bond, Law, Own Recognizance. Tagged with , , .