Motions; joinder of offenses; dismissal of offense joinable for trial
or of related offenses; requisites; orders
Sec. 10. (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.
Last modified: May 24, 2006