Santa Clara, CA asked in Criminal Law for Indiana

Q: What is the most current Indiana failure to appear in court criminal code?

My son never received the notification to appear in court.

The prosecutor dropped the charge yesterday of my son injuring an officer because the officer admitted in a separate court case concerning my son's children he fell on the ice and no one was near him some months back, they will not produce video cam from the car and said they do not have to wear body cam.

The prosecutor now is saying because he did not appear in court some months back this was a felony, even though the original felony was dropped as stated in the paragraph above and will not reinstate his bond.

If my son was in the hospital during that time he was to appear, which he was with liver failure and have the medical records, does this make a difference

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1 Lawyer Answer
Andrew L. Bennett
Andrew L. Bennett
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: 35-44.1-2-9. Failure to appear.

(a) A person who, having been released from lawful detention on condition that the person appear at a specified time and place in connection with a charge of a crime, intentionally fails to appear at that time and place commits failure to appear, a Class A misdemeanor. However, the offense is a Level 6 felony if the charge was a felony charge.

(b) It is no defense that the accused person was not convicted of the crime with which the person was originally charged.

(c) This section does not apply to obligations to appear incident to release under suspended sentence or on probation or parole.

Your son should contact an attorney and provide proof of his hospitalization for the time he was to be in court, including when he entered the hospital and when he was released.

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