Indiana criminal case motion to dismiss trial#

The information or complaint may be quashed if there is more than one offense charged, except when there is a single punishment for various offenses (Section 3, Rule 117, Rules on Criminal Procedure) the rule being that the criminal information should contain only one offense. The motion to quash may be filed by the accused before he enters a plea. The next opportunity to dismiss the criminal action is to quash the information or complaint in court.

Indiana criminal case motion to dismiss trial#

The dismissal is based on the personal evaluation of the judge therefore, the accused does not need to file a Motion for Determination of Probable Cause (Section5, Rule 112, Rules on Criminal Procedure), the latter motion being a prohibited pleading (2017 Guidelines for Continuous Trial in Criminal Cases). However, if the Office of the Prosecutor finds cause to hold the respondent for trial, the criminal information will be filed in court (Section 4, Rule 112, Rules on Criminal Procedure).Īfter the criminal information is filed in court but before the issuance of the warrant of arrest, the trial court may immediately dismiss the case if the evidence on record clearly fails to establish probable cause. Immediately after filing the affidavit-complaint, the investigating prosecutor “shall dismiss the case if he finds no ground to continue with the investigation” (Section 3 (b), Rule 112, Rules on Criminal Procedure).Īnother opportunity to dismiss the criminal complaint is when the Office of the Prosecutor finds no probable cause to hold the respondent (the person sued) for trial after the preliminary investigation. The first opportunity to dismiss the criminal case is at the Office of the Prosecutor. It is important to take note that the use of the legal remedies discussed in this article may vary depending on the strength or weakness of the criminal case against the accused. This is essential for the adequate preparation of the defense of the accused.

When the lawyer is hired, he is expected to conduct a reasonable inquiry of the factual disclosures of the accused. The accused needs competent and reliable legal services because the subsequent legal proceedings require the assistance of someone skilled in the law. It is at this time that the accused needs a lawyer. The accused will start to reflect on why he has to go through criminal litigation and how it could have been avoided. The fear brings about sleepless nights, anxiety, and stress to him and his loved ones. A person prosecuted for a criminal case harbors the fear of being arrested and later convicted.