Steps in a Criminal Case

Being charged with a crime is one of the most serious matters any of us can face. Even persons who
have gone through the criminal justice system before can find the charges, the various motions and
procedures and the various court appearances to be confusing and sometimes frightening.  For a person
facing the system for the first time, the situation may at times seem overwhelming.  It is important to
know what to expect as your case moves forward.  The following is a basic overview of some of the
steps that can occur in a criminal case in Indiana state courts. Keep in mind that this information is
general in nature and may or may not apply to any specific case or situation and should not be construed
as legal advice.

		Initial Hearing- When a person is arrested or charged with a crime his or her first court
		appearance in Indiana courts is call an "Initial Hearing".  Indiana Code 35-33-7-1 requires that an arrested person be taken "promptly" before a judicial officer in the county where the arrest is made or where venue for the case is presumed to be. The statute does not define "promptly", but most courts have said that an initial hearing within 48 hours is reasonable, although longer periods (such has over a weekend or a holiday) have been approved as well.  For a person who has posted bond prior to his initial hearing, the statute provides that an initial hearing be scheduled within 20 days of his arrest. It is at the initial hearing that you will be informed of the charge or charges against you and advised of your rights as a defendant.  If you do not have an attorney, the court will generally inquire as to your intention to hire an attorney and will advise you of your right to have an attorney appointed if you cannot afford to hire private counsel.  If you expresses an inability to hire a lawyer, the court will inquire as to your financial status and determine if a public defender should be appointed.  If you express an intent to hire a lawyer, the court will generally set a time limit of an attorney to be hired.   Keep in mind that even when a public defender is appointed, a defendant can still hire counsel of his or her choosing at a later date if financially able to do so.  The court cannot prevent a defendant from hiring counsel of his choosing, although if a case is close to a trial date or other important court date, the court in many cases will not continue the trial or other court dates to allow a new lawyer to prepare.

       In most cases a preliminary plea of not guilty is entered on your behalf at the initial hearing.  
Some courts will permit a defendant to plead guilty as his initial hearing.  However, it is not
generally advisable to do so, since you may not yet have an attorney to advise you and even if you
do, the attorney will not have been able to evaluate the case.  You may be concerned that entering
a "not guilty" plea will be used against you later or make you look somehow dishonest if you
should choose later to admit your guilt and plead guilty.  This is not the case.  Entering a not guilty
pleas fill not effect ones ability to later plead guilty.  It is almost always in your best interest to
enter a not guilty plea at the initial hearing and allow time for the charges and the evidence to be
evaluated.  In many instances an initial hearing on a misdemeanor charge can be waived if the
defendant is not in custody and his attorney filed a written waiver of the initial hearing.

		Discovery- Once your attorney enters an appearance on your behalf, he will request from the
		prosecutor a list of witnesses, copies of any and all police reports, statements from any alleged victims and witnesses, and any physical evidence that the State intends to use against you.  This evidence is known as "Discovery".  Indiana law requires that the prosecutor provide in discovery any evidence that the State intends to use against you at trial.  In addition, Indiana law provides that the Defendant's attorney can take a statement from any potential witness in the case, under oath and recorded by a court reporter.  Such a  statements is known as a "Deposition", and although not used in every case, can be a valuable tool for preparing your defense.

		Investigation-  In addition to gathering a reviewing discovery, many cases require that additional
		evidence be gathered that will assist with the defense of your case.   This can include locating and interviewing potential witnesses, taking photographs, gathering potential evidence and submitting evidence to experts for evaluation and testing.

		Pre-Trial Motions- In some cases, a good defense is not based upon what the State can prove at
		trial, but instead, is based upon determining what evidence will be admissible at trial.  For example, in some case evidence that was obtained through an illegal search can be suppressed, that is, not allowed to be used against you.  It may also be to your advantage to have your trial separated from a co-defendant or to ask for a change of venue if circumstances make An experienced criminal defense attorney will fight to insure that your Constitutional Rights are protected and that you are treated fairly.

		Plea Negotiations- In some cases a defendant's best course of action is to negotiate an agreement
		to plead guilty to the charge, or to some lesser charge.  The circumstances may be such that it is not in your best interest to go to trial.  It is important to have an experienced criminal defense lawyer that can explain the case to you and explain your options.  An experienced lawyer can also negotiate on your behalf with the prosecutor, putting you in a position to have the best possible outcome.

		The Trial- Although not every case goes to trial, a good criminal defense lawyer should prepare
		for a trial in every case. Some trials can be presented to the judge to decide.  This is called a "bench trial".  Others are presented before a jury.  This is the part of a criminal case that most of us think about when we think of criminal law.  It is important to have a criminal defense attorney extensive experience trying cases before a jury.

		Sentencing- Sometimes, despite an attorney's best efforts, charges can result in convictions.
		Your attorney's job is not done, however. Your attorney can aggressively argue for a sentence that is substantially lower than that for which the prosecution is asking. This can include a shorter jail term, a shorter probation, loss of fewer privileges such as driving, and a smaller fine.

		Appeals- Even after trial and sentencing, your attorney's job may not be done. If you lose at trial,
		you have the right to appeal. Successful appeals in criminal cases are not common. When they are successful, however, you may be entitled to a new trial, or you may be set free.

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