Indiana Waiver of a Preliminary Hearing is a legal procedure in the state of Indiana in which a defendant waives their right to a preliminary hearing. A preliminary hearing is a court proceeding in which the judge hears evidence and decides whether there is probable cause to believe the defendant has committed the crime they are charged with. Waiving the preliminary hearing means the accused is waiving their right to this hearing and is agreeing to proceed to trial. There are two types of Indiana Waiver of a Preliminary Hearing: Waiver of a Preliminary Hearing by the Defendant and Waiver of a Preliminary Hearing by the Prosecution. In the former, the defendant voluntarily waives their right to a preliminary hearing. In the latter, the prosecution waives their right to a preliminary hearing, usually when they have enough evidence to proceed to trial.
Indiana Waiver of a Preliminary Hearing
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Rule 21 - Opening Statement (a) In criminal cases, the prosecution shall state briefly the evidence that supports its case. The defense may then state briefly the evidence in support of the defense, but has the right to decline to make an opening statement.
In all cases where a motion is made to dismiss an indictment or affidavit, a memorandum shall be filed therewith stating specifically the grounds for dismissal. A motion to dismiss shall be based upon such grounds as are provided by law, whether statutory or other legal grounds.
The local rule required by Ind. Crim. Rule 2.2 shall include an alternative assignment list of full-time judicial officers from contiguous counties and counties within the administrative district of the court as set forth in Administrative Rule 3(A) and senior judges.
Indiana Criminal Rule 4 declares that one accused of a crime is to be released on his own recognizance if incarcerated without a trial for an aggregate period exceeding six months from the date he was charged or arrested.
Indiana Criminal Rule 4 declares that one accused of a crime is to be released on his own recognizance if incarcerated without a trial for an aggregate period exceeding six months from the date he was charged or arrested.
An application for a change of judge or change of venue from the county shall be filed within ten (10) days after a plea of not guilty, or if a date less than ten (10) days from the date of said plea, the case is set for trial, the application shall be filed within five (5) days after setting the case for trial.
Upon entering a conviction, whether the acceptance of a guilty plea or by finding or by verdict, the court shall sentence a defendant convicted in a criminal case within thirty (30) days of the plea or the finding or verdict of guilty, unless an extension for good cause is shown.
A defendant might waive the right to a preliminary hearing for several reasons, including the following. Avoid publicity. The defendant intends to plead guilty and wants to avoid publicity (and expense, if the defendant is represented by private counsel). Minimize further damage.