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35-33-8.5-1. Sheriff; Approval of Bail

Sec. 1. When any person is committed for want of bail, and the amount of bail is specified in the warrant of commitment, the sheriff may take the recognizance and approve the bail. As added by P.L.5-1988, SEC.180.

35-33-8.5-10. Subrogation

Sec. 10. Whenever any person has been compelled to pay to any prosecuting attorney, clerk of the court, or sheriff, under mere color of judicial proceedings in attachment or garnishment at the suit of the state, the amount of any forfeited recognizance, such person so paying shall, from the date of such payment, be subrogated […]

35-33-8.5-11. Subrogation; Enforcement; Costs

Sec. 11. Whenever any claim or claims to which any person is subrogated under section 10 of this chapter shall be sought to be enforced by any action or legal proceedings, the proper prosecuting attorney shall be made a party to the action or proceedings, to answer as to the fact of such payment and […]

35-33-8.5-12. Sheriff; Process; Powers and Duties

Sec. 12. The sheriff must return every process issued to the sheriff with the sheriff’s doings fully endorsed thereon, and every process, judgment and commitment of the circuit and criminal courts must be executed by the sheriff. As added by P.L.5-1988, SEC.180.

35-33-8.5-2. Recognizances; Recording

Sec. 2. Every recognizance taken by any peace officer must be delivered forthwith to the clerk of the court to which the defendant is recognized. The clerk must thereupon record the recognizance, and, from the time of filing, it shall have the same effect as if taken in open court. As added by P.L.5-1988, SEC.180.

35-33-8.5-3. Recognizances; Sureties; Affidavit of Qualifications

Sec. 3. A court or officer required to take or accept any bail or recognizance or to approve the sureties offered on any bond or recognizance in any case of a criminal nature, may require any person offered as surety thereon to make affidavit of the person’s qualifications or to be examined orally under oath […]

35-33-8.5-4. Sureties; Qualifications; Judgments and Decrees; Appeals

Sec. 4. (a) One (1) surety on every such recognizance must be a resident freeholder of the county in which the prosecution is pending, and the surety or sureties must be worth at least double the sum to be secured and must have property in this state liable to execution equal to the sum to […]

35-33-8.5-5. Pending Proceedings; Renewals

Sec. 5. The recognizance as provided for in IC 27-10-2-10 shall be continuing, and the defendant shall not be required to renew it during pendency of the proceedings, unless ordered to do so by the court for cause shown. But, at each term of the court, after such recognizance is taken, the court shall inquire […]

35-33-8.5-6. Murder; Admittance to Bail

Sec. 6. When any person is indicted for murder, the court in which the indictment is pending, upon motion, upon application by writ of habeas corpus, may admit the defendant to bail when it appears upon examination that the defendant is entitled to be let to bail. As added by P.L.5-1988, SEC.180.

35-33-8.5-7. Surrender of Principal

Sec. 7. When a surety on any recognizance desires to surrender the surety’s principal, the surety may procure a copy of the recognizance from the clerk, by virtue of which such surety, or any person authorized by the surety, may take the principal in any county within the state. As added by P.L.5-1988, SEC.180.

35-33-8.5-8. Amount of Bond; Payment Into Court

Sec. 8. At any time after forfeiture and at any time before judgment upon the recognizance, the surety may pay the amount named in the bond to the clerk of the court, who shall give the surety a receipt therefor. As added by P.L.5-1988, SEC.180.

35-33-8.5-9. Liens; Real Estate; Release

Sec. 9. All recognizances, taken to secure the appearance of a defendant in the circuit court to answer a criminal charge, shall be immediately recorded by the clerk of said court in the order book and entered in the judgment docket of said court, and from the date of such recording and entry such recognizance […]