Indiana Statutes
§ 35-34-1-13 — Motion to dismiss by prosecuting attorney
Indiana § 35-34-1-13
This text of Indiana § 35-34-1-13 (Motion to dismiss by prosecuting attorney) 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 § 35-34-1-13 (2026).
Text
(a)Upon motion of the prosecuting attorney,
the court shall order the dismissal of the indictment or information. The
motion may be made at any time before sentencing and may be made
on the record or in writing. The motion shall state the reason for
dismissal.
(b)In any case where an order sustaining a motion to dismiss would
otherwise constitute a bar to further prosecution of the crime charged,
unless the defendant objects to dismissal, the granting of the motion
does not bar a subsequent trial of the defendant on the offense charged.
As added by Acts 1981, P.L.298, SEC.3. Amended by Acts
1982, P.L.204, SEC.22.
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Related
Joyner v. State
678 N.E.2d 386 (Indiana Supreme Court, 1997)
Best v. City of Portland
554 F.3d 698 (Seventh Circuit, 2009)
Burdine v. State
515 N.E.2d 1085 (Indiana Supreme Court, 1987)
Isaac v. State
605 N.E.2d 144 (Indiana Supreme Court, 1992)
Davenport v. State
689 N.E.2d 1226 (Indiana Supreme Court, 1997)
Jones v. State
701 N.E.2d 863 (Indiana Court of Appeals, 1998)
Bret Lee Sisson v. State of Indiana
985 N.E.2d 1 (Indiana Court of Appeals, 2012)
Malone v. State
702 N.E.2d 1102 (Indiana Court of Appeals, 1998)
State v. Keith
482 N.E.2d 751 (Indiana Court of Appeals, 1985)
Eukers v. State
728 N.E.2d 219 (Indiana Court of Appeals, 2000)
Johnson v. State
740 N.E.2d 118 (Indiana Supreme Court, 2001)
Isaac v. State
590 N.E.2d 606 (Indiana Court of Appeals, 1992)
Holvoet v. State
689 N.E.2d 469 (Indiana Court of Appeals, 1997)
Brandon Black v. State of Indiana
79 N.E.3d 965 (Indiana Court of Appeals, 2017)
State v. Waldon
481 N.E.2d 1331 (Indiana Court of Appeals, 1985)
David A. Tyrie v. State of Indiana
(Indiana Court of Appeals, 2020)
Scott Winingear v. State of Indiana (mem. dec.)
(Indiana Court of Appeals, 2016)
State of Indiana v. M.P. (mem. dec.)
(Indiana Court of Appeals, 2015)
Adolfo Lopez v. State of Indiana
(Indiana Court of Appeals, 2013)
Andrew Abbott v. State of Indiana
(Indiana Court of Appeals, 2013)
Nearby Sections
15
§ 35-31.5-1-1
Applicability§ 35-31.5-2-1
"Abandon"§ 35-31.5-2-1.5
"Abuse"§ 35-31.5-2-1.7
"Abusive head trauma"§ 35-31.5-2-10
"Advisory sentence"§ 35-31.5-2-10.5
"Affiant"§ 35-31.5-2-100
"Distribute"§ 35-31.5-2-101
"Distributor"§ 35-31.5-2-102
"Documentary material"§ 35-31.5-2-103
"Domestic animal"§ 35-31.5-2-104
"Drug"§ 35-31.5-2-105
"Drug abuser"§ 35-31.5-2-105.5
"Drug crime"§ 35-31.5-2-106
"Drug or alcohol screening test"§ 35-31.5-2-107
"Dwelling"Cite This Page — Counsel Stack
Bluebook (online)
Indiana § 35-34-1-13, Counsel Stack Legal Research, https://law.counselstack.com/statute/in/35-34-1-13.