§ 35-33-7-5 — Initial hearing; advisements; referral of a pregnant woman charged with a drug crime

Indiana § 35-33-7-5

• Jurisdiction: Indiana
• Art. 33: PRELIMINARY PROCEEDINGS
• Ch. 7: Probable Cause; Initial Hearing

Text

(a) At the initial hearing of a person, the
judicial officer shall inform the person orally or in writing:
(1) that the person has a right to retain counsel and if the person
intends to retain counsel the person must do so within:
(A) twenty (20) days if the person is charged with a felony; or
(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.