§ 35-33-8-5 — Alteration or revocation of bail

Indiana § 35-33-8-5

• Jurisdiction: Indiana
• Art. 33: PRELIMINARY PROCEEDINGS
• Ch. 8: Bail and Bail Procedure

Text

(a) Upon a showing of good cause, the state or
the defendant may be granted an alteration or revocation of bail by
application to the court before which the proceeding is pending. In
reviewing a motion for alteration or revocation of bail, credible hearsay
evidence is admissible to establish good cause.
(b) When the state presents additional:
(1) evidence relevant to a high risk of nonappearance, based on
the factors set forth in section 4(b) of this chapter; or
(2) clear and convincing evidence:
(A) of the factors described in IC 35-40-6-6(1)(A) and IC 35-40-6-6(1)(B); or
(B) that the defendant otherwise poses a risk to the physical
safety of another person or the community;
the court may increase bail. If the additional evidence presented by the
state is DNA evidence tending to show that the defendant committed
additional crimes that were not considered at the time the defendant
was admitted to bail, the court may increase or revoke bail.
(c) When the defendant presents additional evidence of substantial
mitigating factors, based on the factors set forth in section 4(b) of this
chapter, which reasonably suggests that the defendant recognizes the
court's authority to bring the defendant to trial, the court may reduce
bail. However, the court may not reduce bail if the court finds by clear
and convincing evidence that the factors described in IC 35-40-6-6(1)(A) and IC 35-40-6-6(1)(B) exist or that the defendant
otherwise poses a risk to the physical safety of another person or the
community.
(d) The court may revoke bail or an order for release on personal
recognizance upon clear and convincing proof by the state that:
(1) while admitted to bail the defendant:
(A) or the defendant's agent threatened or intimidated a victim,
prospective witnesses, or jurors concerning the pending
criminal proceeding or any other matter;
(B) or the defendant's agent attempted to conceal or destroy
evidence relating to the pending criminal proceeding;
(C) violated any condition of the defendant's current release
order;
(D) failed to appear before the court as ordered at any critical
stage of the proceedings; or
(E) committed a felony or a Class A misdemeanor that
demonstrates instability and a disdain for the court's authority
to bring the defendant to trial;
(2) the factors described in IC 35-40-6-6(1)(A) and IC 35-40-6-6(1)(B) exist or that the defendant otherwise poses a risk
to the physical safety of another person or the community; or
(3) a combination of the factors described in subdivisions (1) and
(2) exists.
As added by Acts 1981, P.L.298, SEC.2. Amended by
P.L.36-1990, SEC.6; P.L.107-1998, SEC.3; P.L.98-2004, SEC.141;
P.L.111-2017, SEC.8.