Richmond, IN asked in Criminal Law for Indiana

Q: Lvl 2 burglary and lvl 6 criminal wrecklessness! How long do they have to take it to trial

My boyfriend is currently in prison and just got the two charges mentioned above and he wants to know how long they have to take him to trial and why the case worker on his dorm said that he has no detainers.

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1 Lawyer Answer
Mike Cunningham
Mike Cunningham
  • Criminal Law Lawyer
  • Brookville, IN
  • Licensed in Indiana

A: Generally, under Indiana law, a person must be brought to trial within a period of one (1) year or the case must be dismissed. There are exceptions to this rule (such as continuances filed on behalf of Defendant, or Court congestion, among other things). A person who is incarcerated, and files a demand for a speedy trial, must** be brought to trial within 70 days or the person must be released from jail. There are similar exceptions to this rule as well (such as continuances filed on behalf of Defendant, or Court congestion, among other things). It is important to understand that while filing for a speedy trial has its advantages, it can also have its pitfalls. Therefore, it's important to exercise these rights carefully.

**Right now, due to the Coronavirus/COVID-19, many counties, including Wayne County, have suspended these rules, which essentially stops that clock for an indefinite period of time, but at least until this situation gets better. That means the one (1) year period will be extended.

You should consult with a criminal defense attorney who can assist you through these issues. While the clock has stopped, there may be other opportunities to have bond lowered or to effectively negotiate a resolution.

Good luck!


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