An arrest in Indiana is a significant legal event that initiates the criminal justice process. It involves a loss of personal freedom and a series of procedural steps and legal consequences. Understanding what defines an arrest, the legal justification required, your rights, and the procedures that follow is important. This guide walks through the stages of the Indiana arrest process, from the moment of arrest to the initial court appearance.
Understanding What Constitutes an Arrest in Indiana
In Indiana, an arrest occurs when law enforcement takes a person into custody, depriving them of their freedom because they are suspected of committing a crime. This is more than a brief, temporary stop for questioning, sometimes called a “Terry stop.” The transition to a formal arrest is marked by a significant restraint on an individual’s freedom of movement.
Key indicators that an arrest has occurred include an officer explicitly stating, “you are under arrest,” the application of handcuffs, or being transported to a police station against your will. At this point, the person is not free to leave. This formal custody and intent to prosecute distinguishes an arrest from being temporarily detained for investigative purposes.
Legal Grounds for an Arrest in Indiana
An arrest in Indiana must be based on specific legal grounds. The two primary foundations for a lawful arrest are an arrest warrant or the presence of probable cause for a warrantless arrest. An arrest warrant is a legal document issued by a judge, which authorizes police to take a specific person into custody based on a sworn statement establishing probable cause.
Alternatively, an officer can make an arrest without a warrant if they have probable cause. An officer may arrest a person if they have probable cause to believe the person has committed or is attempting to commit a felony, regardless of whether it occurred in their presence. For a misdemeanor, the officer must have probable cause to believe the person is committing or attempting to commit the offense in the officer’s presence.1FindLaw. Indiana Code Title 35. Criminal Law and Procedure § 35-33-1-1 Probable cause is a reasonable belief, supported by facts and circumstances, that a crime has occurred and the person being arrested is the one who committed it.
Your Rights When Arrested in Indiana
Upon being taken into custody, you are protected by constitutional rights known as the Miranda Rights. These rights include the right to remain silent, the warning that anything you say can be used against you in court, the right to an attorney, and the right to have an attorney appointed if you cannot afford one. Law enforcement must inform you of these rights before any “custodial interrogation,” meaning any questioning that occurs after you are in police custody.
The timing is a point of frequent confusion; police are not required to read you these rights the moment they arrest you. The obligation arises only when they intend to question you and use your answers as evidence. To exercise these rights, you must do so clearly. Simply staying quiet may not be enough; you should verbally state that you are invoking your right to remain silent and that you want an attorney. Once you request a lawyer, all questioning should cease until your attorney is present.
The Post-Arrest Booking Process in Indiana
After an arrest, you will be transported to a police station or county jail to undergo an administrative procedure known as booking. This process creates an official record of your arrest and involves several standard steps. Law enforcement officers will collect your personal information, such as your full name, date of birth, and address.
During booking, you will be fingerprinted and have a photograph, or “mugshot,” taken. Any personal property you have with you at the time of the arrest will be inventoried and stored by the jail staff for safekeeping until your release. Following these steps, you are permitted to make a phone call.
Navigating the Initial Hearing and Bail in Indiana
Following an arrest and booking, the next step is the initial hearing, which must occur promptly. If you are arrested without a warrant, you must be taken before a judicial officer for an initial hearing within 48 hours, excluding weekends and holidays. If you are released on bail before this hearing, it must be scheduled within 20 calendar days of the arrest, or within 10 days for operating while intoxicated cases.2Justia Law. Indiana Code § 35-33-7-1. Arrest Without Warrant; Initial Hearing; Venue
At this hearing, the judge will formally inform you of the charges against you, re-advise you of your constitutional rights, and ask you to enter a plea. A primary function of this hearing is the determination of bail. The judge will decide whether to release you and under what conditions, considering factors like the severity of the offense, your criminal history, and your ties to the community. The judge also considers whether you pose a flight risk or a danger to others. Bail can take the form of a cash bond, a surety bond through a bail bondsman, or being released on your own recognizance.