Indiana § 35-33-9-5 Stay of judgment; commencement of sentence upon surrender; prior
time credit

Indiana Statutes

§ 35-33-9-5 — Stay of judgment; commencement of sentence upon surrender; prior time credit

Indiana § 35-33-9-5

Art. 33PRELIMINARY PROCEEDINGS

Ch. 9Bail Upon Appeal

This text of Indiana § 35-33-9-5 (Stay of judgment; commencement of sentence upon surrender; prior time credit) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-33-9-5 (2026).

Text

(a)Whenever any defendant is admitted to bail under the provisions of this chapter, the judgment of conviction shall be stayed until the appeal is disposed of. If the appeal is dismissed or the judgment affirmed, the term of imprisonment prescribed in the judgment shall commence to run from the time the defendant surrenders according to the terms of the bond.

(b)If the defendant is surrendered by sureties under section 4 of this chapter, the judgment shall commence to run from the time of the surrender, and the defendant shall be immediately confined in the institution to which the defendant was committed by the original sentence.

(c)If a defendant is admitted to bail under this chapter after the defendant has commenced to serve the sentence, and the appeal is dismissed or the judgment

Free access — add to your briefcase to read the full text and ask questions with AI

(a) Whenever any defendant is admitted to bail
under the provisions of this chapter, the judgment of conviction shall
be stayed until the appeal is disposed of. If the appeal is dismissed or
the judgment affirmed, the term of imprisonment prescribed in the
judgment shall commence to run from the time the defendant
surrenders according to the terms of the bond.
(b) If the defendant is surrendered by sureties under section 4 of this
chapter, the judgment shall commence to run from the time of the
surrender, and the defendant shall be immediately confined in the
institution to which the defendant was committed by the original
sentence.
(c) If a defendant is admitted to bail under this chapter after the
defendant has commenced to serve the sentence, and the appeal is
dismissed or the judgment from which the appeal was taken is
affirmed, the defendant shall receive accrued time and good time
credit, if applicable, on the sentence for the time the defendant served
before being admitted to bail. During the time any defendant is released
from custody under this chapter, the judgment of conviction shall be
stayed.
As added by Acts 1981, P.L.298, SEC.2. Amended by
P.L.74-2015, SEC.19.