Fortville, IN asked in Criminal Law for Indiana

Q: What is the criminal offense code for Burglary in the state of Indiana, and what would be the court process ?

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2 Lawyer Answers
Paul Stanko
Paul Stanko
PREMIUM
Answered
  • Criminal Law Lawyer
  • Plymouth, IN
  • Licensed in Indiana

A: IC 35-43-2-1

Not sure what you mean by "court process". Procedures vary from court to court and county to county. Your attorney could inform you about specifics.

David M Seiter
David M Seiter
Answered
  • Criminal Law Lawyer
  • FISHERS, IN
  • Licensed in Indiana

A: The Indiana Code Statute for Burglary is I.C. 35-43-2-1. While it is true that court policies and procedures change from county to county and court to court, below is a general outline of the criminal court process:

1. Police have probable cause to believe the defendant committed a crime. They will either arrest the defendant outright or file a probable cause affidavit with the court and the Court issues a probable cause affidavit for the person's arrest.

2. Once the person is in custody, the Court will hold an initial hearing. At that hearing, the Defendant will be advised of the charge against him/her, the minimum and maximum penalties that are possible, and his/her Constitutional rights. The Court will also determine if the Defendant is indigent (poor) or whether they can hire an attorney. If the Defendant cannot afford their own attorney, the Court can appoint a public defender.

Finally, the Court will set a bond (even if he she is released, they are still considered to be "on bond").

3. The Court will set an Omnibus date which is a deadline for attorney's to file certain motions. They will set a trial date and usually one or two pre-trial conference dates. In most courts, you are expected to show for your pre-trial conference dates and trial dates as well as any pre-trial hearings (see below). Your attorney can best advise you as to what you need to appear to.

4. Prior to trial, the attorney will conduct discovery and find out how strong the case is against the Defendant. This could include depositions, sworn statements, and reviewing documents in the prosecutor's file. The State is required to turn over exculpatory evidence (evidence helpful to the Defendant). Each side will present the court with a list of their witnesses. If there are discovery conflicts, motions to dismiss, motions to suppress evidence, etc., the Court will typically set the matter for a pre-trial hearing.

5. As the case proceeds, the attorneys will discuss how to resolve the case. The case will be resolved one of three ways: 1) The State dismisses the case. 2) The parties reach a plea agreement or 3) the parties go to trial.

6. There are two types of trial: 1) Jury Trial-- citizens from the community hear the facts and decide guilt or innocence; or 2) Bench Trial- the Judge will hear the facts and decide guilt or innocence.

7. If the Defendant is found guilty either because of a plea or trial, the Court will hold a sentencing hearing and the court is required to sentence the defendant either pursuant to the plea or within the sentencing guidelines established by the legislature.

I hope this guide was helpful to you in understanding the process.

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