As a trial date gets closer, a defendant might wonder when Indiana can delay their trial. Delays can make it hard for a defendant to plan their future and can be stressful for them and their family. It also costs more money. Luckily, Indiana has rules about when the State can ask to delay a trial.
How long does the State have to bring a defendant to trial?
Indiana Criminal Rule 4 sets deadlines. If the defendant is in jail, the State has 180 days from the arrest to start the trial. If the defendant is out on bail, the State has one year from when charges are filed or the arrest, whichever is first. If the delay is the defendant’s fault, it doesn’t count against the State’s time. A defendant should talk to a lawyer if they think the State is delaying too much. A lawyer can help figure out if the defendant can be released or if charges can be dropped.
What must Indiana do to delay a trial?
Indiana Code Section 35-36-7-2 explains what the Prosecutor must do to delay a trial because a witness or evidence is missing. The State must tell the court:
- The witness or evidence is not missing because of the prosecutor.
- What the witness would say and why it’s important.
- That the information can’t be found elsewhere.
The trial can’t be delayed if the defendant agrees the witness would say what the prosecutor claims or that the evidence exists.
Should you challenge the Prosecutor’s request to delay?
Deciding to challenge a delay is important and should be done with a lawyer. A good defense lawyer can decide if accepting the delay helps or hurts the case. Talking to a lawyer can also help avoid unnecessary delays.