You’ve Made Bail and Are Out of Jail. Make Sure You Stay Out.
If you’ve been arrested and incarcerated, your first concern is likely getting yourself out of jail as quickly as possible while you work with a criminal defense attorney to develop the best defense strategy in your case. Once you have secured your release on bail, you no doubt want to stay out of jail. But while you may be free, release on bail comes with conditions and limitations. If you fail to abide by those conditions, or engage in other conduct or activities that the court frowns upon, you can quickly find yourself back behind bars. If that happens, getting released again won’t be nearly as easy or even possible.
Conditions of Your Release
When a court has evaluated your situation, set bail, the bail has been met either by a bail bond or other security satisfactory to the court, and you have been “admitted to bail” (released from jail), the court will likely impose conditions on your release. These can include requiring you to refrain from certain activities, limiting your movements and who you can see, visit, and be in the company of, and where you can reside during the period of your release.
Additionally, in cases such as domestic violence, stalking, or other harassment, the court can order you to refrain from any direct or indirect contact with a specific individual. Those charged with domestic violence can also be required to wear a GPS tracking device as a condition of bail. You may be prohibited from the use of alcohol or drugs, you may be placed under the supervision of a probation officer, or the court may impose “any other reasonable restrictions designed to assure the defendant’s presence in court or the physical safety of another person or the community.”
Revocation of Bail
Prosecutors and the court do not take these conditions lightly once they are imposed, and if any of the conditions of your release are violated, prosecutors can and will move to have your bail revoked and have you thrown right back in jail. But breaching the specific conditions of your release is not the only thing that can land you back behind bars. The court may revoke bail or an order for release on personal recognizance upon clear and convincing proof by the state that:
- You or your agent threatened or intimidated a victim, prospective witnesses, or jurors concerning the pending criminal proceeding or any other matter;
- You or your agent attempted to conceal or destroy evidence relating to the pending criminal proceeding;
- You failed to appear before the court as ordered at any critical stage of the proceedings;
- You committed a felony or a misdemeanor that demonstrates instability and a disdain for the court’s authority to bring the defendant to trial;
- The court determines that you otherwise pose a risk to the physical safety of another person or the community.
Needless to say, if you have been fortunate enough to obtain your release from jail while criminal charges are pending, it would be equally unfortunate if you wound up back in jail because you failed to follow the court’s orders or engaged in other conduct that could put your freedom at risk. It is much more difficult to get released once your bail has been revoked, and remaining behind bars after a revocation of bail can be emotionally and psychologically devastating and can make it more challenging for your attorney to prepare your defense. If you get out, stay out.
Indianapolis Criminal Defense Attorney John Razumich Can Help You Fight All Criminal Charges
Indianapolis criminal defense attorney John Razumich provides exceptional representation for clients facing a wide range of Indiana criminal charges. If you have been charged with a crime and are facing the prospect of losing your freedom, Mr. Razumich will fight for you every step of the way to get the best results that will allow you to move forward with your life.
This website has been prepared by John Razumich, Attorney at Law for informational purposes only and does not, and is not intended to, constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.