“Will I get a bond?” is perhaps the first question Indianapolis criminal defense attorneys have to answer when speaking to someone charged with murder. Until recently, the answer from an experienced murder attorney would be “not a chance,” however, recent developments in Indiana jurisprudence dramatically changes that answer.
Article 1, section 17 of the Indiana Constitution specifically provides that “Murder or treason shall not be bailable, when the proof is evident, or the presumption strong.” Even though the Indiana Constitution included a strict caveat before prohibiting bail to those charged with murder, it was more or less standard operating procedure in courts throughout the state to place murder defendants on no bond holds pending the outcome of their cases regardless of the strength of the government’s case.
In 2013, the Indiana Supreme Court issued its opinion in Fry v. State, 990 N.E.2d 429, (Ind. 2013), holding the state must show that the defendant “more likely than not” committed the crime of murder before a court can deny a defendant’s right to bail. The Indiana Court of Appeals followed the trend in the Fry decision, and held that a defendant charged with murder has a right to present evidence of affirmative defenses to rebut the presumption that he or she more likely than not committed the crime of murder. Satterfield v. State, 30 N.E.3d 1271 (Ind. Ap. 2015).
If you or a family member is facing murder charges, it is important you understand the process of obtaining bail. Speak with an experienced murder attorney who can help guide you through this complex process. Don’t assume that a murder attorney cannot assist you in securing your release while your case is pending.
The Indianapolis murder defense attorneys at Hayes Ruemmele LLC have trial experience representing those charged with murder and/or attempted murder at the trial court level, and also represent individuals previously convicted of murder as their appellate counsel and even with post-conviction relief. Call 317-491-1050 today!