Q: OWI charge in Indiana not scheduled within 20 days. Dismissal possible?
I was charged with OWI in Indiana, and my initial hearing was not scheduled within the 20-day period required by Indiana Code Title 35, § 35-33-7-1. There has been no communication regarding this delay. Is this a reason for dismissal or some other legal action?
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A:
Under Indiana law, if a defendant is not brought to trial within 20 days of being charged with an OWI (Operating While Intoxicated), they may have grounds to request a dismissal. This rule is part of the statutory right to a speedy trial, which is designed to prevent unnecessary delays in the legal process. However, the 20-day requirement typically applies to the trial date, not just the initial hearing, so the lack of a timely hearing may not automatically result in a dismissal.
If the delay in scheduling the hearing is due to the prosecution’s fault, you could raise the issue with the court. It’s possible that the court may take the delay into account when deciding whether the charge should be dismissed or if the case should proceed. It’s important to notify the court or your attorney about the missed timeline so that the issue is on record.
You should speak with an attorney to explore your options and determine whether you can use the delay to request a dismissal or other legal remedies. They can help ensure that your rights are protected and that the case is handled according to the law.
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