Indiana Affidavit by Victim for Dismissal
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FAQ
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.
If it appears from the complaint, or from an affidavit or affidavits filed with the complaint, that there is probable cause to believe that an offense has been committed and that the defendant has committed it, a warrant for the arrest of the defendant shall issue to any officer authorized by law to execute it.
Rule 4 - Process (A) Jurisdiction Over Parties or Persons - In General. The court acquires jurisdiction over a party or person who under these rules commences or joins in the action, is served with summons or enters an appearance, or who is subjected to the power of the court under any other law.
Rule 4 of Indiana Criminal Procedure specifies circumstances in which individuals can be released from custody and how their cases can be dismissed when a prolonged delay is attributable to the State. Subsection (A) of Rule 4 addresses defendants in jail specifically.
(E) Failure to prosecute civil actions or comply with rules. Whenever there has been a failure to comply with these rules or when no action has been take in a civil case for a period of sixty (60) days, the court, on motion of a party or its own motion shall order a hearing for the purpose of dismissing such case.
Filing requirements Motion must be signed by the filing party. Motion must clearly state which party is being dismissed. The Motion must contain a Certificate of Service. It is not necessary to upload a proposed order - the court will prepare one.
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. ' There are three exceptions to the operation of this rule.
(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.
