§ 35-34-1-10 — Motions; joinder of offenses; dismissal of offense joinable for trial or of related offenses; requisites; orders

Indiana § 35-34-1-10

• Jurisdiction: Indiana
• Art. 34: BRINGING CRIMINAL CHARGES
• Ch. 1: Indictment and Information

Text

(a) When a defendant has been charged with
two (2) or more offenses in two (2) or more indictments or informations
and the offenses could be joined in the same indictment or information
under section 9(a)(1) of this chapter, the court, upon motion of the
defendant, may order that the indictments or informations be joined for
trial. Such motion shall be made before commencement of trial on
either of the offenses charged.
(b) When a defendant has been charged with two (2) or more
offenses in two (2) or more indictments or informations and the
offenses could have been joined in the same indictment or information
under section (9)(a)(2) of this chapter, the court, upon motion of the
defendant or the prosecuting attorney, or on its own motion, shall join
for trial all of such indictments or informations unless the court, in the
interests of justice, orders that one (1) or more of such offenses shall be
tried separately. Such motion shall be made before commencement of
trial on either of the offenses charged.
(c) A defendant who has been tried for one (1) offense may
thereafter move to dismiss an indictment or information for an offense
which could have been joined for trial with the prior offenses under
section 9 of this chapter. The motion to dismiss shall be made prior to
the second trial, and shall be granted if the prosecution is barred by
reason of the former prosecution.
(d) A defendant who has been sentenced on a plea of guilty to one
(1) offense may move to dismiss an indictment or information for a
related offense. The motion shall be granted if the plea of guilty was
entered on the basis of a plea agreement in which the prosecutor agreed
to seek or not to oppose dismissal of other related offenses or not to
prosecute other potential related offenses.
(e) Subject to the provisions of section 11(a) of this chapter, two (2)
or more offenses which are within the jurisdiction of the same court
and which could have been joined in one (1) prosecution constitute
related offenses.
As added by Acts 1981, P.L.298, SEC.3.