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Indiana Waiver of a Preliminary Hearing

Indiana Waiver of a Preliminary Hearing

Name: Indiana Waiver of a Preliminary Hearing
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.59 (408 reviews)

Category:

Indiana Federal - District Court - Northern District

State:

Indiana

Control #:

IN-AO-472

Format:

Instant download

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Description

Waiver of a Preliminary Hearing 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 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.

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FAQ

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.

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.

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.

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.

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.

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.

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.

More info

The procedure for an accused to waive the right to a preliminary hearing is by: pleading guilty before or at the preliminary hearing, OR. expressly giving up the right to the hearing. By waiving the preliminary hearing, the defendant may prevent the testimony from coming in when the trial rolls around. Stall.Waiver of a Preliminary Hearing. Download Form (pdf, 739. Preliminary hearings are not always required, and the defendant can choose to waive it. The Gist of this Article: Waiving a preliminary hearing requires the agreement of the prosecutor. Generally, a waiver means that the case is headed for some kind of negotiated or open guilty plea or diversionary program. Waiving a preliminary hearing means you give up your right to require the state to put on evidence indicating your guilt. I am the defendant to the criminal action, and I wish to waive my statutory right to a preliminary hearing in this case. You may waive the preliminary hearing if you, your attorney, and the prosecutor reach a plea agreement.

Indiana Waiver of a Preliminary Hearing

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