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What happens after an arrest in Indiana?

On Behalf of | Mar 26, 2025 | Criminal Defense |

Being arrested in Indiana can be a stressful and confusing experience, but understanding the process helps you feel more in control. After an arrest, several key stages determine the outcome of your case. 

Knowing what to expect and how each step affects your future is important.

Booking and processing

After your arrest in Indiana, officers take you to a local police station or county jail for booking. They record your personal information, fingerprints, and photograph. They may also search you to ensure you don’t have any dangerous items. After booking, you may stay in custody until your first court appearance, which typically occurs within 48 hours of the arrest.

Bail hearing

At your first court appearance, the judge decides whether you can get released on bail. In Indiana, bail is the amount of money you must pay to secure your release from jail while awaiting trial. The judge will set the amount based on the severity of the charge, your criminal history, and whether you’re a flight risk. If you can’t afford bail, you may stay in jail until the case resolves.

Pretrial process

Once you’re out on bail or released without bail, the pretrial process begins. Your defense attorney starts gathering evidence, talking to witnesses, and preparing your case. If you face felony charges, the grand jury will review the evidence to decide whether your case should go to trial. If the charges are less serious, a preliminary hearing will determine whether the case should proceed to trial.

Negotiations and trial

Many criminal cases in Indiana get resolved through plea bargaining, where your defense attorney negotiates with the prosecutor for a reduced charge or a more lenient sentence. If you and the prosecutor don’t reach an agreement, the case goes to trial. At trial, both sides present their arguments, and a judge or jury decides your fate.

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