Indiana § 35-33-7-3 Filing of indictment or information; recess or continuation of initial
hearing; informing accused of rights

Indiana Statutes

§ 35-33-7-3 — Filing of indictment or information; recess or continuation of initial hearing; informing accused of rights

Indiana § 35-33-7-3

Art. 33PRELIMINARY PROCEEDINGS

Ch. 7Probable Cause; Initial Hearing

This text of Indiana § 35-33-7-3 (Filing of indictment or information; recess or continuation of initial hearing; informing accused of rights) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-33-7-3 (2026).

Text

(a)When a person is arrested for a crime before a formal charge has been filed, an information or indictment shall be filed or be prepared to be filed at or before the initial hearing, unless the prosecuting attorney has informed the court that there will be no charges filed in the case.

(b)If the prosecuting attorney states that more time is required to evaluate the case and determine whether a charge should be filed, or if it is necessary to transfer the person to another court, then the court shall recess or continue the initial hearing for up to seventy-two (72) hours, excluding intervening Saturdays, Sundays, and legal holidays.

(c)Before recessing the initial hearing and after the ex parte probable cause determination has been made, the court shall inform a defendant charged with

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(a) When a person is arrested for a crime
before a formal charge has been filed, an information or indictment
shall be filed or be prepared to be filed at or before the initial hearing,
unless the prosecuting attorney has informed the court that there will
be no charges filed in the case.
(b) If the prosecuting attorney states that more time is required to
evaluate the case and determine whether a charge should be filed, or if
it is necessary to transfer the person to another court, then the court
shall recess or continue the initial hearing for up to seventy-two (72)
hours, excluding intervening Saturdays, Sundays, and legal holidays.
(c) Before recessing the initial hearing and after the ex parte
probable cause determination has been made, the court shall inform a
defendant charged with a felony of the rights specified in section
5(a)(1), 5(a)(2), 5(a)(3), 5(a)(4), and 5(a)(5) of this chapter.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts
1982, P.L.204, SEC.13; P.L.320-1983, SEC.8; P.L.166-2024,
SEC.2.