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Indiana Temporary Appearance by Defense Attorney in Criminal Case

State:
Indiana
Control #:
IN-SKU-1095
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PDF
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Description

Temporary Appearance by Defense Attorney in Criminal Case

Indiana Temporary Appearance by Defense Attorney in Criminal Case is a procedure in which a defense attorney is allowed to enter an appearance on behalf of a defendant in a criminal case before the court without having to be physically present in the courtroom. This allows the attorney to represent the defendant during the initial stages of a criminal case without having to travel to the courthouse. The attorney can also submit motions, file pleadings, and participate in plea negotiations. There are two types of Indiana Temporary Appearance by Defense Attorney in Criminal Case: 1) Electronic Appearance, in which the attorney appears electronically through a video conferencing platform and 2) Written Appearance, in which the attorney submits a written notice of appearance to the court.

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FAQ

Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued, or court of the county where the witness was required thereunder to appear or act.

Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.

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.

Upon application of any party the court in which any action is pending may make an appropriate order for service in a manner not provided by these rules or statutes when such service is reasonably calculated to give the defendant actual knowledge of the proceedings and an opportunity to be heard.

If a counterclaim or cross-claim has been pleaded by a defendant prior to the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim or cross-claim can remain pending for independent adjudication by the court.

Under Rule 4(B) of the rules of criminal procedure, the defendant has the right to request an early trial. Any defendant held in jail on an indictment or a probable cause affidavit who requests an early trial must be discharged if the trial does not begin within 70 days of that request.

(b) Crimes, Wrongs, or Other Acts. (1) Prohibited Uses. Evidence of a crime, wrong, or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in ance with the character.

4(B) provides that ilf any defendant held in jail on an indictment or an affidavit shall move for an early trial, he shall be discharged if not brought to trial within fifty 501 judicial days from the date of such motion, except where a continuance within said period is had on his motion, or the delay is otherwise

More info

Warrant or Summons; Arrest. 4. 1 Optional Procedure in Minor Misdemeanor Cases. 5.Temporary Appearance will end (insert date): . 1. The undersigned attorney listed on this form now appears in this case for the Defendant. 2. A. acquittal - Judgment that a criminal defendant has not been proven guilty beyond a reasonable doubt. The "Termination of Limited Appearance" shall demonstrate that the attorney has completed the duties set out in the entry of limited appearance. But this often is not the case, especially in limited jurisdiction courts. At its discretion, the trial court may hold a pretrial conference in which the prosecutor and defense attorney attempt to negotiate settlement of the case. 5. Proceedings Before the Judicial Officer. (a) Appearance Before Judicial Officer After Arrest.

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Indiana Temporary Appearance by Defense Attorney in Criminal Case