How long can a felony charge be pending in Indiana?

How Long Can a Felony Charge Be Pending in Indiana?

In Indiana, the duration of a felony charge pending in the legal system can vary depending on several factors. Here’s an overview of the timeline:

Pre-Charge Investigation Period

The pre-charge investigation period can take several weeks or months, typically beginning when the alleged crime was committed. During this phase, the investigator, typically an officer from the local law enforcement agency, collects evidence, conducts interviews, and gathers statements from witnesses and victims.

• Up to 3-6 months: This is a general timeframe for the investigation period, although it may be shorter or longer depending on the complexity of the case.

Filing the Charges and Statute of Limitations

Once the investigation is complete, the prosecutor decides whether to file charges. In Indiana, the statute of limitations determines how long the state has to file charges. The statute of limitations is typically 2-4 years, depending on the type of felony charged. Here are some examples:

If the prosecution fails to file charges within the statute of limitations, the accused is entitled to a dismissal of the charge.

Delay Tactics and Discovery Rule

Sometimes, the prosecution may engage in delay tactics to slow down the process. Delay tactics may include: claiming they need more time for investigation, requesting continuances, or submitting new evidence. However, under Indiana’s discovery rule, the prosecution must disclose most evidence by a certain time (typically 90-120 days before trial).

• Up to 1-2 years: This is a general timeframe for delay tactics and the discovery rule.

Indictment, Information, or Criminal Court Proceedings

Once the charges are filed, the case enters the criminal court system. This is where the trial proceeds, and the prosecution must present its case.

• Indictment (felony-level charges): Typically takes place 1-3 months after charges are filed.
• Information (misdemeanor-level charges): Typically takes place within 1-2 weeks after charges are filed.

Preliminary Hearings and Trials

A preliminary hearing, also known as an FMV (filing the motion to view) hearing, may be held within 30-60 days after indictment. At this hearing, the judge reviews the evidence and determines if there is probable cause to proceed with the trial. If the prosecution’s case is strong, the court may dismiss the case.

• Preliminary Hearing: Takes place 30-60 days after indictment.
• Trial: Typically takes 1-3 months to complete after the preliminary hearing.

Juries, Verdicts, and Sentencing

If the case reaches trial, a jury will be empaneled to deliberate on the charges. The prosecution and defense present their cases, and the jury returns a verdict (guilty or not guilty). If convicted, the judge sets a sentencing hearing, which usually occurs within 1-2 months.

• Juror selection: Typically takes 1-2 weeks.
• Verdict: Returns within 1-2 days.
• Sentencing Hearing: Takes place 1-2 months after conviction.

Post-Sentencing Proceedings

Following the sentence, the case enters the appeal process, which can last several months to several years.

• Appeals: Can take 3-10 years.
• Post-Conviction Relief: May take an additional 1-5 years.

Timing of Felony Charges Pending in Indiana: A Breakdown

Here’s a general outline of the timeline for a felony charge pending in Indiana:

• Pre-charge investigation: 3-6 months
• Statute of limitations: 2-4 years (depending on the type of felony)
• Delay tactics and discovery rule: up to 1-2 years
• Indictment, information, or criminal court proceedings: 1-3 months
• Preliminary hearing: 30-60 days
• Trial: 1-3 months
• Jury, verdict, and sentencing: 1-6 months
• Appeals and post-conviction relief: 3-10 years

Keep in mind that these are general estimates, and the duration of a felony charge pending in Indiana can vary depending on the specific circumstances of the case.

Conclusion

The duration of a felony charge pending in Indiana can be lengthy, taking anywhere from several months to several years. It is essential to understand the steps involved in the process, including the statute of limitations, delay tactics, discovery rule, and the potential for appeals. By exploring the various stages and timeline, you can better appreciate the complexities of the legal system in Indiana. If you have a felony charge pending, it is recommended that you consult with a qualified criminal defense attorney for guidance and representation throughout your case.