Indiana Code - Criminal Law and Procedure - Title 35, Section 35-34-1-13

Motion to dismiss by prosecuting attorney

Sec. 13. (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.

Last modified: May 24, 2006