Sec. 5. (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.
Notes of Decisions
Cited in
29
cases (
2 in the last 5 years), 1990–2025 · leading case:
Ray v. State, 679 N.E.2d 1364 (Ind. Ct. App. 1997).
Ray v. State, 679 N.E.2d 1364 (Ind. Ct. App. 1997).
· cites it 23× “Indiana Code § 35-33-8-5 provides for the alteration or revocation of bail upon a showing of good cause.”
Perkins v. State, 694 N.E.2d 292 (Ind. Ct. App. 1998).
· cites it 28× “Following the hearing the court revoked bond and ordered that Perkins be held without bail.”
O'laughlin v. Barton, 549 N.E.2d 1040 (Ind. 1990).
· cites it 6× “At that time, the trial judge ruled that Fadli's bail bond was revoked, pursuant to Ind. Code § 35-33-8-5 (d)(3), as of March 2, 1987 when Fadli failed to surrender his passport and was ordered arrested and held without bond.”
Cameron Hunter v. State of Indiana, 102 N.E.3d 326 (Ind. Ct. App. 2018).
· cites it 6× “2 Hunter also argues that he received ineffective assistance of counsel, alleging that counsel should have insisted on adherence to statutory procedures instead of stipulating to a modification of his bail conditions, see Ind. Code § 35-33-8-5 (setting forth the process for…”
Sneed v. State, 946 N.E.2d 1255 (Ind. Ct. App. 2011).
· cites it 2× “Motions to reduce bail are provided for by Indiana Code section 35-33-8-5(c), which states: "When the defendant presents additional evidence of substantial mitigating factors, based on the factors set forth in [Indiana Code section 35-33-8-4(b)], which reasonably suggests that…”
Wilcox v. State, 748 N.E.2d 906 (Ind. Ct. App. 2001).
· cites it 2× “Additionally, on April 13, 2000, the State sought pursuant to Indiana Code section 35-33-8-5(d) to revoke the original bond Wilcox posted for the arrest arising from the June 16, 1999 incident between Wilcox, Woodard and Mulholland.”
Wertz v. State, 771 N.E.2d 677 (Ind. Ct. App. 2002).
· cites it 6× “I.C. § 35-33-8-5 provides, in pertinent part, as follows: (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.”
Anthony J. Johnson v. State of Indiana, 114 N.E.3d 908 (Ind. Ct. App. 2018).
· cites it 4× “I.C. § 35-33-8-5(b) (emphasis added). Moreover, a court " may not reduce bail if the court finds by clear and convincing evidence .”
Brettin v. Grandstaff, 723 N.E.2d 913 (Ind. Ct. App. 2000).
· cites it 10× “Code Section 35-33-8-5. Facts/Procedural History On August 10, 1999, Brettin was arrested on a warrant in Pulaski County, Winamac, Indiana.”
— Ind. Code § 35-33-8-5(a) — 6 cases
Perkins v. State, 694 N.E.2d 292 (Ind. Ct. App. 1998).
“Following the hearing the court revoked bond and ordered that Perkins be held without bail.”
— Ind. Code § 35-33-8-5(b) — 3 cases
Ray v. State, 679 N.E.2d 1364 (Ind. Ct. App. 1997).
“Indiana Code § 35-33-8-5 provides for the alteration or revocation of bail upon a showing of good cause.”
Anthony J. Johnson v. State of Indiana, 114 N.E.3d 908 (Ind. Ct. App. 2018).
“I.C. § 35-33-8-5(b) (emphasis added). Moreover, a court " may not reduce bail if the court finds by clear and convincing evidence .”
— Ind. Code § 35-33-8-5(c) — 9 cases
Sneed v. State, 946 N.E.2d 1255 (Ind. Ct. App. 2011).
“Motions to reduce bail are provided for by Indiana Code section 35-33-8-5(c), which states: "When the defendant presents additional evidence of substantial mitigating factors, based on the factors set forth in [Indiana Code section 35-33-8-4(b)], which reasonably suggests that…”
Anthony J. Johnson v. State of Indiana, 114 N.E.3d 908 (Ind. Ct. App. 2018).
“I.C. § 35-33-8-5(b) (emphasis added). Moreover, a court " may not reduce bail if the court finds by clear and convincing evidence .”
— Ind. Code § 35-33-8-5(d) — 3 cases
Ray v. State, 679 N.E.2d 1364 (Ind. Ct. App. 1997).
“Indiana Code § 35-33-8-5 provides for the alteration or revocation of bail upon a showing of good cause.”
Wilcox v. State, 748 N.E.2d 906 (Ind. Ct. App. 2001).
“Additionally, on April 13, 2000, the State sought pursuant to Indiana Code section 35-33-8-5(d) to revoke the original bond Wilcox posted for the arrest arising from the June 16, 1999 incident between Wilcox, Woodard and Mulholland.”
Perkins v. State, 694 N.E.2d 292 (Ind. Ct. App. 1998).
“Following the hearing the court revoked bond and ordered that Perkins be held without bail.”
— Ind. Code § 35-33-8-5(d)(3) — 1 case
O'laughlin v. Barton, 549 N.E.2d 1040 (Ind. 1990).
“At that time, the trial judge ruled that Fadli's bail bond was revoked, pursuant to Ind. Code § 35-33-8-5 (d)(3), as of March 2, 1987 when Fadli failed to surrender his passport and was ordered arrested and held without bond.”
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