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Indiana Appearance by Self Represented Defendant in Criminal Case

State:
Indiana
Control #:
IN-SKU-1094
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PDF
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Appearance by Self Represented Defendant in Criminal Case

Indiana Appearance by Self Represented Defendant in Criminal Case is a legal procedure that allows a defendant to appear in person before a court without the assistance of an attorney. In criminal cases, the defendant must enter a plea of either guilty or not guilty, and the court may issue orders or other documents in response. There are three types of Indiana Appearance by Self Represented Defendant in Criminal Case: appearance by waiver of counsel, appearance by motion to proceed pro SE, and appearance by plea of not guilty. In waiver of counsel, the defendant waives the right to an attorney and appears in court without one. In motion to proceed pro SE, the defendant requests the court to allow them to proceed without an attorney. Finally, in plea of not guilty, the defendant pleads not guilty to the charges.

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FAQ

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.

Rule 3 - Admission of Attorneys Section 1. Admission of Attorneys. The Supreme Court shall have exclusive jurisdiction to admit attorneys to practice in Indiana. Admission to practice law by the Court pursuant to Rule 21 shall entitle attorneys to practice in any of the courts of this state.

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.

(A) If an arrestee does not present a substantial risk of flight or danger to themselves or others, the court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court except when: (1) The arrestee is charged with murder or treason.

No defendant shall be detained in jail on a charge, without a trial, for a period in aggregate embracing more than six (6) months from the date the criminal charge against such defendant is filed, or from the date of his arrest on such charge (whichever is later); except where a continuance was had on his motion, or

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.

CR 4 Stated. 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.

More info

The right to represent yourself in a criminal case is not absolute. If you choose to represent yourself in court, here are some helpful resources to assist you.Contact the Illinois Office of the Courts. Authority: Under Criminal Rule 2. 1(D), this form shall be filed at the time a defendant elects to represent self without the assistance of legal counsel. Complete this form listing address and other service information in number 2. 1. Name of Defendant: 2. This form must be filed, and a copy sent to all parties and attorneys, including an attorney removed from the case. Box 8: Complete this section with an address and telephone number so that you receive court papers, either from the court or from another party. You must file an "Appearance" Form (JD-CL-12) with the court clerk's office.

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Indiana Appearance by Self Represented Defendant in Criminal Case