Published in Criminal Law on October 2, 2015.
Arrested in Indianapolis
An arrest is a scary experience for anyone. The whole process has you out of sorts, you wonder what your next move is. In this article, we walk you through the arrest process. After you post bail or you are released, your best bet is to contact an Indiana criminal defense attorney right away.
What is the Arrestee Processing Center?
The Arrestee Processing Center (APC), is the place where all individuals arrested in Marion County go. The address is 752 East Market Street. It is directly across from Marion County Jail II (CCA). When police bring someone to APC, they will book them in through the Sherriff’s new system. They will check for open warrants, holds, or other pending cases. Police arrest many people on warrants. In this case, the system shows the pending case. Officers then book the person with this information.
If it is a new arrest and is a major felony, the system assigns the person an “MC” cause number. This type of cause number allows the judicial officer at the APC to conduct a hearing and make certain determinations. Once the prosecutor files the charges, the “MC” case number changes. Odyssey, the court’s system generates a new case number for the charges.
What Happens After A Cause Number Is Generated For Your Case?
Once your information has been attached to either a pending cause number or an “MC” cause number, you will go in front of either a judge, commissioner, or magistrate at the APC. This judge will review the information to see if there was probable cause for your arrest. If no probable cause is found, you will likely be released which can take between twelve and twenty-four hours. If probable cause is found, the judge will then set a reasonable bond based on the information in the probable cause affidavit, your criminal history, and a bond matrix. After this brief initial hearing, you will be sent back into the holding cell at the APC and, eventually, be sent to the jail to await your first hearing in the court you are assigned.
Sometimes, the prosecutor will request seventy-two hours from the time of your hearing with the APC judge to conduct additional investigation and to file actual charges. The seventy-two hours does not include Saturdays, Sundays, or court holidays. These final charges will determine which Superior Court your case will be heard in. Keep in mind that the prosecutor can move to amend these charges by adding additional offenses throughout the pendency of your case.
The Bond Is Set and You Can Pay It, But How Do You Get Out?
If the judge at the APC sets a bond that you believe you or someone you know can pay for you, there are several things you should consider. First, a bond cannot be posted until you are seen in front of a judicial officer. This means that you cannot walk into the APC, pay your bond, and then walk out. Second, you cannot pay your own bond. You must have someone else do it for you. Finally, even if you do pay the bond, some Judges may choose to increase your bond after it has been paid based on the charges that the prosecutor chooses to file against you. This will most likely happen if, for instance, your charge at the APC was a misdemeanor and the prosecutor chose to file a felony instead of or in addition to the misdemeanor. You should be advised by the APC judge that this may happen.
Your First Appearance in Superior Court
Typically, the APC judge will set your case for a hearing in one of the Superior Courts the following business day. However, as stated earlier, the prosecutor sometimes has seventy-two hours from the time of your first appearance in front of the judge at the APC to file charges. Therefore, the hearing scheduled by the APC in Superior Court may get pushed out until after the seventy-two hours. If the prosecutor chooses not to file charges and instead files a Notice of Intent Not to File, you should be released.
If the prosecutor does file charges, the staff in the Superior Court your case is assigned to will transfer all the information from the “MC” cause number through the Sherriff’s system to a new cause number based on your actual charges through Odyssey. This information may include your bond, the probable cause findings, any holds, pre-trial release conditions, and no contact orders. The Superior Court staff will then close out the “MC” cause number and dispose of the case, leaving only the new file with your new cause number and actual charges open. If the “MC” case is not closed, there will be issues further down the line if you are ever released from custody on your own recognizance or by paying a bond.
Once all of this is done, an initial hearing is held by the Superior Court your case is assigned to. Your case will remain open until it is disposed of through dismissal, pleading guilty, court trial, or jury trial.