Will I Go to Jail at My Initial Hearing in Indiana?
Zach Baber • July 20, 2025
Short answer: Probably not.
Long answer: Not if you follow five simple but crucial steps.
When someone is charged with a crime in Indiana, one of the first major questions they ask is:
“Am I going to jail at the initial hearing?”
It’s a fair concern, especially if this is your first time in the legal system.
What Is an Initial Hearing?
Do People Go to Jail at the Initial Hearing?
But there are exceptions, and many of them are avoidable.
If you show up late, impaired, in contempt of court, or fail to follow basic courtroom decorum, a judge may revoke your bond or hold you in custody until the next hearing.
That’s why it’s important to show the court that you’re taking this seriously, and that starts with how you present yourself.
The 5 Things You Must Do to Stay Out of Jail at Your Initial Hearing
This might sound obvious, but you’d be surprised how many people skip their hearing thinking it’s optional.
It’s not. If you fail to appear, the court can issue a bench warrant for your arrest.
Even if you’re nervous, even if you haven’t hired a lawyer yet, show up.
Late arrival shows a lack of respect for the process, and in rare cases, can jeopardize your bond.
You don’t need to wear a suit, but avoid showing up in pajamas, graphic t-shirts, or anything that could be perceived as disrespectful.
The courtroom isn’t the place to make a statement, it’s a place to show responsibility.
Even if you believe you made a mistake or want to explain yourself, your initial plea should usually be ‘not guilty.’
It should go without saying, but appearing in court while under the influence is a fast track to being taken into custody.
There are situations where jail is possible at an initial hearing, including:
Your First Court Appearance Sets the Tone
At Baber & Baber, P.C., we work with people across Columbia City and Whitley County who need honest, practical legal help navigating the criminal justice system.
And it starts with showing up informed.
“Am I going to jail at the initial hearing?”
It’s a fair concern, especially if this is your first time in the legal system.
At Baber & Baber, P.C., we understand how stressful the unknown can feel.
This post walks you through what really happens at an initial hearing in Indiana, and what you can do to avoid being taken into custody on the spot.
What Is an Initial Hearing?
An initial hearing, also called an arraignment in some states, is typically the first court appearance after being charged with a crime (felony or misdemeanor).
For Indiana residents, this is where:
- You're formally told the charges against you
- The judge informs you of your rights
- Bond is reviewed or confirmed
- You enter an initial plea
Do People Go to Jail at the Initial Hearing?
In most cases: No.
But there are exceptions, and many of them are avoidable.
If you show up late, impaired, in contempt of court, or fail to follow basic courtroom decorum, a judge may revoke your bond or hold you in custody until the next hearing.
That’s why it’s important to show the court that you’re taking this seriously, and that starts with how you present yourself.
The 5 Things You Must Do to Stay Out of Jail at Your Initial Hearing
We’ve seen this play out hundreds of times after an arrest.
If you follow these five steps, you give yourself the best chance of walking out the front doors after your hearing, not the back.
1. Show Up
It’s not. If you fail to appear, the court can issue a bench warrant for your arrest.
Even if you’re nervous, even if you haven’t hired a lawyer yet, show up.
2. Be On Time
Plan to arrive at least 15–30 minutes early.
Running late could mean your name is called while you're still parking your car, and some judges won’t wait.
Late arrival shows a lack of respect for the process, and in rare cases, can jeopardize your bond.
3. Dress Appropriately
The courtroom isn’t the place to make a statement, it’s a place to show responsibility.
4. Plead Not Guilty (For Now)
This protects your rights and gives you time to understand the case against you with the help of an attorney.
You can always change your plea later if appropriate.
5. Stay Sober
Being sober shows respect, responsibility, and stability, all things the court takes into account when determining whether to release you on bond.
When Might Jail Still Happen?
- If there’s a hold from another county or state
- If the judge determines you are a flight risk
- If your bond is revoked or modified
- If you’re disrespectful or disruptive in court
- If you already failed to appear in a previous case
Your First Court Appearance Sets the Tone
Judges form quick impressions.
The way you show up, literally and figuratively, can shape how the rest of your case is handled.
No matter what, you should never label yourself as a criminal.
At Baber & Baber, P.C., we work with people across Columbia City and Whitley County who need honest, practical legal help navigating the criminal justice system.
And it starts with showing up informed.
Call us at (260) 244-4422 or schedule an appointment online
to learn your rights.
This post is not meant for specific legal advice and is meant for education purposes.
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If it happened in Columbia City, South Whitley, or anywhere else in Whitley County, understanding what to expect can help ease anxiety and protect your future. This article breaks down what an OWI charge means, what happens next, and how to move forward. What Is an OWI in Indiana? In Indiana, OWI (also known as DUI in some states) generally means operating a vehicle while: Your blood alcohol content (BAC) is 0.08% or higher You are under the influence of drugs or alcohol You have a Schedule I or II controlled substance in your system There are also enhanced penalties for BAC levels of 0.15% or higher or if a minor was in the car at the time of arrest. What Happens After an OWI Arrest in Whitley County? Arrest and Booking You will most likely be arrested on the spot, taken to the Whitley County Jail, and required to submit to a chemical test. License Suspension Failing a chemical test typically leads to an administrative license suspension. Refusing the test can lead to a longer license suspension. Initial Hearing Within days of your arrest, you’ll attend an initial hearing at Whitley Superior Court where charges are formally read. You’ll plead guilty or not guilty (most people plead not guilty at this stage, even if they intend to resolve the case). Pre-Trial Conference Usually scheduled 4 to 8 weeks later. This is when your attorney may negotiate with the prosecutor about plea agreements or alternative resolutions. Possible Outcomes Diversion or deferral programs (especially for first-time offenders) Plea agreement (reduced charges or penalties) Trial (if no agreement is reached) Potential Penalties for OWI in Indiana Penalties vary depending on the facts of the case and your prior history. Here are some possibilities: Jail time Community service Drug and alcohol counseling Additional license suspensions Fines, Court costs, and fees Will I Definitely Lose My License? Possibly. License suspension is one of the most common consequences. However, your attorney may be able to help you: Request specialized driving privileges (formerly known as hardship licenses) Challenge the suspension Reduce the length of suspension through a plea agreement Should You Get a Lawyer for an OWI in Whitley County? Yes. The stakes are high, and the process is complex. A defense attorney can: Review the legality of the stop and arrest Negotiate for reduced penalties or diversion Represent you in hearings and trial Help protect your license and minimize long-term consequences Final Thoughts An OWI arrest in Whitley County doesn’t have to define you. With the right legal support, it’s possible to move forward, protect your rights, and limit the impact on your future. If you’re facing OWI charges, educate yourself and seek guidance early. Baber & Baber, P.C. is based in Columbia City and serves clients across Whitley County and Northeast Indiana. Call 260.244.4422 or click here to schedule a consultation . Whitley County OWI Defense | Columbia City Criminal Lawyers | Northeast Indiana DUI Attorneys This article is not meant as specific legal advice and is only meant as general education.
Whether you're facing a misdemeanor or a Level 6 felony, knowing the process can help you make informed decisions and avoid unnecessary mistakes. Step 1: Arrest and Booking Most cases start with an arrest. You’ll likely be taken to the Whitley County Jail for booking, where your fingerprints, photo, and information will be collected. Depending on the charge and circumstances, you may be released on bond or you may remain in custody until your first court date. Step 2: Initial Hearing This is your first appearance in front of a judge. It usually happens within a few days of your arrest. Here’s what typically happens during an initial hearing in Whitley Superior Court: Formal reading of your charges Advisement of your rights Opportunity to enter a plea (almost always “Not Guilty” at this stage—even if you did it) Opportunity to ask for a public defender or inform the court that you’ll hire your own attorney Bond review or request for bond reduction, especially if you're still in jail Why plead “Not Guilty”? Even if you believe you’re guilty, entering a "Not Guilty" plea preserves your ability to: Review the evidence against you Negotiate a potential plea deal Avoid waiving important rights too early Step 3: Pre-Trial Conference After the initial hearing, your case will be set for a pre-trial conference, usually 4 to 8 weeks later. This is a scheduled meeting between your defense attorney and the prosecutor to: Negotiate a plea agreement Discuss possible resolutions Exchange discovery (evidence) Decide whether the case will go to trial In some situations, if you’re representing yourself, you’ll speak directly with the prosecutor. This is one of the many reasons why having legal representation is strongly recommended. Step 4: Trial or Change of Plea If no agreement is reached at the pre-trial conference, one of two things may happen: Trial Date Set: You’ll prepare for trial and argue your case before a judge or jury. Change of Plea Hearing: If a plea deal is reached, this hearing will be scheduled for you to formally plead guilty in front of the judge and receive your sentence. There is also a chance a second pre-trial conference will be scheduled. These next steps are typically scheduled 4 to 8 weeks after your first pre-trial conference. Step 5: Sentencing and Court Obligations If you’re found guilty or take a plea deal, sentencing will occur either immediately or about a month later. After sentencing, the court may impose several conditions, which could include: Probation Mandatory counseling or classes Community service Fines and court costs No-contact orders Check-ins with a probation officer Random drug testing (in some cases) Failing to meet these conditions can result in a violation and possible jail time, so it's important to take them seriously. Final Thoughts The legal process in Whitley Superior Court can feel complex, but it follows a predictable structure. From arrest to resolution, each step gives you opportunities to protect your rights and work toward the best possible outcome. If you’ve been charged in Whitley County and aren’t sure what to do next, Baber & Baber, P.C. is here to help. We’ve represented hundreds (close to thousands) of clients in Whitley Superior Court and know how to navigate the system with strategy and care. 📍 Based in Columbia City | Serving Whitley County and Northeast Indiana 📞 Call 260.244.4422 or 🌐 Click here to schedule a consultation online. This article is not meant as specific legal advice and is only meant for general educational purposes.
