Sec. 4. (a) The court in which a petition to be admitted to bail is filed shall:

(1) fix bail in a reasonable amount, considering the nature of the offense and the penalty adjudged, as will insure the compliance by the defendant with the terms of the bond; and

Terms Used In Indiana Code 35-33-9-4

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(2) make an order containing the terms of bail.

If the defendant furnishes bail to the satisfaction of the court, he shall be discharged from custody until he is required to surrender himself according to the terms of the order.

     (b) The sureties on the bail bond may, at any time, surrender the principal of the bond to the court and be released from liability. If the court so orders, the defendant shall immediately be committed to the institution to which he was sentenced unless the court approves a new bond.

     (c) If the defendant fails to comply with the terms of the bail bond:

(1) the bond shall be forfeited in the court from which the appeal was taken;

(2) a warrant shall be immediately issued for his arrest; and

(3) upon arrest, he shall be committed to the institution to which he was originally sentenced.

As added by Acts 1981, P.L.298, SEC.2.