New Preventative Detention Law Could Make Your Bail Hearing a Fight for Your Freedom

A proposed constitutional amendment on the November 2026 ballot would allow Indiana judges to refuse bail in situations where prosecutors are able to convince the court that the defendant will pose a danger to the community if released. If passed, this “preventative detention” law will significantly expand the powers that prosecutors have to keep defendants in jail until trial.

Why is This Important?

The proposed amendment would give prosecutors significantly more power to keep defendants in jail in situations where the defendant would otherwise have been released until their case was tried or otherwise resolved. The likely result is that many more defendants will find themselves behind bars awaiting a trial that could eventually acquit them.

How Will it Work?

If approved, then any defendant accused of any crime other than murder or treason can be refused bail if:

• The proof against the defendant is “evident,” or the presumption of the defendant’s guilt is “strong,” AND
• The government proves “by clear and convincing evidence” that there are “no release conditions” that will “reasonably protect the safety of any other person or the community.”

This sets the stage for a mini-trial at the bail stage. Any defendant accused of a crime such as battery, intimidation, or criminal recklessness can find themselves denied bail if the prosecutor and the judge agree that the defendant will be a danger to anyone if they are released on bail. In theory, even a defendant accused of a non-violent crime could be held without bail if prosecutors can convince the court that the defendant poses a danger to anyone if released.

What are the Courtroom Consequences?

If this measure passes, it is likely that many bail hearings will turn into a fight for freedom. The issue will be whether a defendant who is by law presumed innocent until proven otherwise beyond a reasonable doubt can be held in jail until that defendant is tried or their case is otherwise resolved.

Different judges are likely to interpret the standards for holding a defendant without bail in different ways, leading to uneven and unfair results. And prosecutors eager to appear “tough on crime” are likely to be tempted to use questionable evidence at the bail hearing stage to support their application to deny bail – evidence that they would never use during a criminal trial.

Razumich & Associates Will Fight for Your Freedom

If you have been accused of any kind of violent crime, you need a strong defense. If the constitutional amendment allowing bail to be denied passes, you will need an even stronger defense – and now at the bail hearing stage in addition to at trial.

Razumich & Associates is here to provide that defense. We are experienced defense attorneys who have represented clients in all types of criminal cases in courts all across Indiana. Call us at 317-983-5333 or use our online contact form so we can discuss your case and tell you how we can help.