Indiana Code
Ind. Code § 35-33-9-1 (2026)
Discretion of court; excepted felonies
✓ current as of May 2026
Sec. 1. A person convicted of an offense who has appealed or desires to appeal the conviction may file a petition to be admitted to bail pending appeal. The person may be admitted to bail pending appeal at the discretion of the court in which the case was tried, but the person may not be admitted to bail if the person has been convicted of a Class A felony (for a crime committed before July 1, 2014) or a Level 1 or Level 2 felony (for a crime committed after June 30, 2014).
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.158-2013, SEC.387.
Notes of Decisions
Cited in 4
cases, 1984–2015 · leading case: Tyson v. State, 593 N.E.2d 175 (Ind. 1992).
Tyson v. State, 593 N.E.2d 175 (Ind. 1992). “He sought bail from the trial court pending appeal, pursuant to Ind.Code § 35-33-9-1 (West 1986). His request was denied.”
Clark v. State, 727 N.E.2d 18 (Ind. Ct. App. 2000). “See I.C. § 35-33-9-1 (“A person convicted of an offense who has appealed or desires to appeal the conviction may file a petition to be admitted to bail pending appeal.”
Carter v. State, 467 N.E.2d 694 (Ind. 1984). “" IC § 35-33-9-1 (Acts 1981, P.L. 298, SEC.”
Bruce Ryan v. State of Indiana, 42 N.E.3d 1019 (Ind. Ct. App. 2015). “As our supreme court has explained: Although Ind.Code § 35-33-9-1 assigns the question of bail pending appeal to the discretion of the trial court, our appellate rules contemplate a role for the appellate courts as well.”
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