Indiana Code - Criminal Law and Procedure - Title 35, Section 35-33-7-5 - Indiana Attorney Resources

Indiana Code - Criminal Law and Procedure - Title 35, Section 35-33-7-5

Informing of accused

Sec. 5. At the initial hearing of a person, the judicial officer shall
inform him orally or in writing:
(1) that he has a right to retain counsel and if he intends to
retain counsel he 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 he has a right to assigned counsel at no expense to him
if he is indigent;
(3) that he has a right to a speedy trial;
(4) of the amount and conditions of bail;
(5) of his privilege against self-incrimination;
(6) of the nature of the charge against him; and
(7) that a preliminary plea of not guilty is being entered for him
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.

In addition, the judge shall direct the prosecuting attorney to give
the defendant or his 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 his
attorney a copy of any formal misdemeanor charges filed or ready to
be filed.

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.

Last modified: May 24, 2006