An arrest in Indiana sets a legal process in motion that moves quickly. Knowing what happens in the first 48 hours can help you protect your rights from the start.
Booking and processing
After your arrest, officers bring you to a police station or designated county jail for booking. This step typically takes one to four hours. During booking, staff collect your personal information and complete the following steps:
- Fingerprinting: Digital and ink prints are taken and entered into law enforcement databases.
- Photographs: Front and profile mugshots become part of your official arrest record.
- Property inventory: Staff catalogue your belongings and store them until your release.
- Medical screening: Staff assess any immediate health needs or required medications.
Your personal items go into secure storage, and you receive a receipt listing everything taken from you.
The 48-hour rule
Indiana Code § 35-33-7-1 requires that officers bring you before a judicial officer promptly after a warrantless arrest. In practice, most initial hearings happen within 24 to 48 hours. Weekend or holiday arrests may push this timeline slightly, but the law does not allow indefinite holds. If 72 hours pass without a probable cause finding, you must be released.
Your initial hearing
At your initial hearing, a judge reads the formal charges and advises you of your constitutional rights. The court enters a preliminary not guilty plea on your behalf. The judge also sets bail or other conditions for your release.
If you cannot afford a private attorney, the court may appoint a public defender. Indiana offers several release options at this stage:
- Own recognizance: Release based on your promise to appear, common for low-risk or misdemeanor charges.
- Cash bond: You pay the full bail amount directly to the court.
- Surety bond: A bail bondsman charges roughly 10% to 15% of the total bail as a fee.
The option available to you depends on the charges and your criminal history.
It is recommended to speak to an attorney
The first 48 hours after an arrest involve fast-moving decisions. Speaking with an attorney as early as possible can help you understand your options at every step. Attorneys can advise you on how these rules apply to your situation.