How Indiana handles a case
What happens after an arrest anywhere in Indiana: who decides release first, how fast a person sees a judge, which courts hear the case, and who runs the offices around them. Every county in the state works under these rules.
From arrest to court
- Who decides release first
For misdemeanors and lower felonies, the jail usually releases people on the county court's bail schedule as soon as they are booked. For serious felonies, a judge, magistrate, or commissioner sets bail at the initial hearing. Since July 2025, a person arrested for a crime of violence can't be released on a schedule and gets a bail hearing in open court.
Indiana Office of Court Services, Legislative Update on SB 324 (2025), adding IC 35-33-8-3.4Marion Superior Court bail schedule- Time to see a judge
A person arrested without a warrant must be taken promptly before a judicial officer for an initial hearing. The general law sets no number of hours, but since 2025 a person arrested for a crime of violence must get a bail hearing within 48 hours unless exigent circumstances prevent it.
IC 35-33-7-1 (2016 text)Indiana Office of Court Services, Legislative Update on SB 324 (2025)- Money bail
Indiana courts may set money bail. A court rule says a person who is not a substantial flight risk or danger should be released without money bail, except people charged with murder or treason or already on pretrial release, probation, or parole.
Ind. Crim. Rule 2.6- Pretrial risk assessment
A statewide court rule tells judges to use an approved risk assessment when deciding release, but not if it would delay release. The tool the Judicial Conference adopted is the Indiana Risk Assessment System Pretrial Assessment Tool. Each county runs its own pretrial services, so use varies.
Ind. Crim. Rule 2.6(B)Indiana Pretrial Services Rules, definitionsIndiana Office of Court Services, Pretrial- Courts
Circuit and superior courts in each county try felonies and also hear misdemeanors. Some cities and towns have a city or town court that hears misdemeanors, ordinance violations, and infractions.
Indiana Judicial Branch, Structure of Indiana courtsIndiana Judicial Branch, About the courts- Judges and magistrates
Trial judges serve six-year terms. In most counties voters elect them. In Allen, Lake, Marion, and St. Joseph counties, the governor appoints from a local commission's finalists and the judge later runs for retention. Magistrates are appointed by the judges and must be lawyers, and city and town court judges must be lawyers too.
Indiana Judicial Branch, Judicial selectionIC 33-23-5-2 (2016 text)Indiana State Board of Accounts, Court Manual ch. 4 (citing IC 33-35-5-7)- Prosecutors
Voters elect a prosecuting attorney for each judicial circuit, which is a single county everywhere except one two-county circuit. Indiana has 91 elected prosecuting attorneys.
Indiana Prosecuting Attorneys Council- Public defense
Each county chooses how to provide lawyers for people who can't afford one, through a county public defender office, contract lawyers, or appointed lawyers. Counties that meet the state Commission on Court Appointed Attorneys' standards get back 40 percent of non-capital costs.
Indiana Public Defender Commission / Commission on Court Appointed Attorneys- Jails
The county sheriff runs the county jail. The Indiana Department of Correction sets jail standards and inspects each jail once a year.
IC 36-2-13-5 (2016 text)Indiana Department of Correction, Jail Services Division policy
Read from the statutes and court rules cited, 2026-09-30. Some of this is medium confidence and still being checked. iga.in.gov would not render from here, so statute text came from 2016 copies on Justia's file host and from official court pages. The one two-county prosecutor circuit (Dearborn and Ohio) is from general knowledge. IC 33-35-5-7.5 has an exception to the lawyer rule for city and town judges that was not read. Commissioner qualifications not confirmed. The family-violence 24-hour hold in IC 35-33-8-6.5 was not re-read.