Indiana Criminal Complaint

State:
Indiana
Control #:
IN-AO-93B
Format:
PDF
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Description

Criminal Complaint

An Indiana Criminal Complaint is a sworn statement lodged by a law enforcement official or private citizen, alleging that someone has committed a criminal offense in the state. The complaint is typically filed by the prosecutor in a criminal case, and outlines the charges that are being brought against the accused. Depending on the severity of the offense, the complaint may be filed in either a state or federal court. The two main types of Indiana Criminal Complaints are Complaints for Felony and Complaints for Misdemeanor. A Complaint for Felony is a criminal complaint that is filed in a state or federal court, alleging that a person has committed a felony offense. A Complaint for Misdemeanor is a complaint filed in a county or city court, alleging that a person has committed a misdemeanor offense.

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FAQ

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.

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.

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.

If you need assistance finding records, consider seeking help from your local library, the Indiana State Library, or the Indiana Supreme Court Law Library. If the document you're looking for isn't available online, you'll need to contact the clerk's office in the county where the case is being heard.

Upon a finding of indigence, the trial court imposing a sentence of death shall immediately enter a written order specifically naming counsel under this provision for appeal. If qualified to serve as appellate counsel under this rule, trial counsel shall be appointed as sole or co-counsel for appeal.

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.

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Indiana Criminal Complaint