An arrest in Indiana can be a confusing experience, especially if you’re unfamiliar with the criminal justice system. Knowing what happens after an arrest can help you protect your rights and make informed decisions. This article outlines the stages involved.
Booking and Initial Detention
After an arrest in Indiana, you are taken to a local law enforcement facility, like a county jail, for booking. This process officially records the arrest and involves collecting personal information such as your name, date of birth, and physical details.
A photograph, or mug shot, will be taken, and your fingerprints collected. These fingerprints may be checked against databases for outstanding warrants or prior criminal history.
Your personal property, like your wallet, keys, and cell phone, will be inventoried and stored for security. These items are returned upon release, unless held as evidence. A thorough search is conducted before you are placed in a holding cell.
You will be permitted to make phone calls to contact an attorney and arrange for bail.
Bail and Release Options
After booking, the focus often shifts to securing release from custody. Bail is a financial assurance that you will attend future court dates. The court with jurisdiction over the alleged offense sets bail in Indiana. Indiana Rule of Criminal Procedure 26 encourages release on personal recognizance or an unsecured bond unless your appearance cannot be reasonably assured or public safety is endangered.1Indiana Public Defender Council. Indiana Rule of Criminal Procedure 26
A judge considers several factors when setting bail, as detailed in Indiana Code 35-33-8-4:2Justia Law. Indiana Code § 35-33-8-4: Amount of Bail and Factors Considered
- The nature and circumstances of the offense.
- The weight of evidence against you.
- Your family ties, employment, financial resources, character, and mental condition.
- Your length of residence in the community.
- Your criminal history and any record of flight or failure to appear.
- The risk you pose to public safety if released.
Several release options are available. A cash bond involves paying the full bail amount to the court clerk; this is returned after the case concludes if you comply with appearances, minus any fees or fines. A surety bond can be obtained through a bail bond agent by paying a non-refundable premium (often 10% of bail). The agent posts the full bond, guaranteeing your appearance.
Release on one’s own recognizance (OR) means you are released on a promise to appear, without posting money, often for less serious offenses if you are a low flight risk. Some Indiana jurisdictions have pretrial release programs with supervision conditions like check-ins. You must adhere to all release conditions and appear at hearings; failure can lead to bail forfeiture and a new arrest warrant.
Court Hearings
Your case will proceed through court hearings. The initial hearing is your first court appearance. If arrested without a warrant, Indiana Code 35-33-7-1 requires this promptly, within 48 hours (excluding weekends/holidays).3Justia Law. Indiana Code § 35-33-7-1: Arrest Without Warrant and Initial Hearing If released on bail, this hearing is within 20 calendar days of arrest, or 10 days for OWI arrests (IC 9-30-5). The judge will inform you of the charges, your constitutional rights (including the right to an attorney; a public defender is appointed if you are indigent, per IC 35-33-7-5), and potential penalties.4Justia Law. Indiana Code § 35-33-7-5: Initial Hearing Advisements A preliminary not guilty plea is entered.
Pre-trial conferences and hearings follow. For felony charges, an omnibus date is set under Indiana Code 35-36-8-1, 45 to 75 days after the initial hearing, as a deadline for pre-trial activities.5Justia Law. Indiana Code § 35-36-8-1: Omnibus Date Setting, Purpose, and Time Limits These conferences involve the judge, prosecutor, and defense attorney to discuss the case. Discovery, the formal exchange of evidence like police reports, occurs during this phase.
Plea negotiations are common. A plea agreement involves pleading guilty, often to lesser charges or for a specific sentence, to avoid trial. If an agreement is reached, a guilty plea hearing is held where the judge ensures the plea is voluntary. If accepted, the court is bound by the agreement.
If no plea agreement is reached, the case goes to trial. You have a right to a jury trial but can opt for a bench trial (judge only). Most felony charges require a 12-person jury; Level 6 felonies and misdemeanors use a 6-person jury.6Indiana Rules of Court. Indiana Jury Rule 16: Number of Jurors The trial process includes:
- Jury selection.
- Opening statements.
- Presentation of evidence and witness testimony.
- Closing arguments.
- Jury instructions.
- Jury deliberation.
Verdicts must be unanimous. A hung jury may lead to a retrial.
If found guilty, a sentencing hearing is scheduled. For serious convictions, this often follows a pre-sentence investigation report, which includes your background, crime details, and victim impact statements. Both sides argue aggravating and mitigating factors before the judge imposes a sentence according to Indiana law. Victims have rights, including being present at hearings and making a statement at sentencing.
Expungement and Potential Outcomes
A criminal case in Indiana ends with a final disposition, such as an acquittal, dismissal, or completion of a pre-trial diversion program (no conviction). A guilty plea or trial verdict results in a conviction and a criminal record.
Indiana law (Indiana Code 35-38-9) allows for expungement, sealing arrest or conviction records from public view.7Justia Law. Indiana Code Title 35, Article 38, Chapter 9: Sealing and Expunging Conviction Records (2024) For arrests not leading to conviction or for overturned convictions, a petition can be filed one year after arrest if no charges are pending.8Justia Law. Indiana Code § 35-38-9-1: Expunging Arrest Records (2024)
For convictions, eligibility is more structured. Misdemeanor expungement requires waiting at least five years post-conviction, with no new convictions, no pending charges, and all sentence terms met. For Level 6 felonies (or older Class D felonies), the wait is eight years under similar conditions; some may be treated as misdemeanors for expungement if designated by the court. More serious felonies have even longer waiting periods—at least eight years post-conviction or three years after sentence completion, whichever is later—and stricter criteria.
Certain serious offenses are ineligible for expungement:
- Official misconduct.
- Homicide.
- Human and sexual trafficking.
- Sex crimes requiring offender registration.
9Indiana Judicial Branch. Detailed Information on Criminal Case Expungement in Indiana
You are limited to one lifetime expungement for felony convictions. Prosecutor consent is needed for some serious felony expungements.
To seek expungement, file a verified petition in the court of conviction or arrest. A filing fee applies, though it may be waived for arrests not leading to conviction.10Indiana Legal Help. Expungement: Fee Waiver Forms and Information The prosecutor is notified and can object. The court reviews the petition and any objections, possibly holding a hearing.
If granted, expungement seals criminal records from general public access. Law enforcement agencies restrict access to these records, making them unavailable in routine background checks. You can then legally state you were not arrested or convicted of the expunged offense on most applications, with exceptions like law enforcement jobs.