Indiana Code 35-33-7-5. Initial hearing; advisements; referral of a pregnant woman charged with a drug crime
(1) that the person has a right to retain counsel and if the person intends to retain counsel the person must do so within:
Terms Used In Indiana Code 35-33-7-5
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(B) ten (10) days if the person is charged only with one (1) or more misdemeanors;
after this initial hearing because there are deadlines for filing motions and raising defenses, and if those deadlines are missed, the legal issues and defenses that could have been raised will be waived;
(2) that the person has a right to assigned counsel at no expense to the person if the person is indigent;
(3) that the person has a right to a speedy trial;
(4) of the amount and conditions of bail;
(5) of the person’s privilege against self-incrimination;
(6) of the nature of the charge against the person;
(7) that a preliminary plea of not guilty is being entered for the person and the preliminary plea of not guilty will become a formal plea of not guilty:
(A) twenty (20) days after the completion of the initial hearing; or
(B) ten (10) days after the completion of the initial hearing if the person is charged only with one (1) or more misdemeanors;
unless the defendant enters a different plea; and
(8) that the person may request to petition for a specialized driving privileges hearing if the person is charged with:
(A) any offense in which the operation of a motor vehicle is an element of the offense;
(B) any offense under IC 9-30-5, IC 35-46-9, or IC 14-15-8 (before its repeal); or
(C) any offense under IC 35-42-1, IC 35-42-2, or IC 35-44.1-3-1 that involves the use of a vehicle.
In addition, the judge shall direct the prosecuting attorney to give the defendant or the defendant’s attorney a copy of any formal felony charges filed or ready to be filed. The judge shall, upon request of the defendant, direct the prosecuting attorney to give the defendant or the defendant’s attorney a copy of any formal misdemeanor charges filed or ready to be filed.
(b) This subsection applies to a pregnant woman charged with a drug crime. If the woman is otherwise qualified, including meeting any requirements under IC 33-23-16-13(3)(A), if applicable, the judge may, after consulting with the prosecuting attorney, refer the woman to the forensic diversion program (IC 11-12-3.7) or a drug court (IC 33-23-16).
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.14; P.L.320-1983, SEC.10; P.L.46-2018, SEC.6; P.L.166-2024, SEC.3.