A purple and white logo with the letters eh on a white background.
Under Indiana law, Criminal Rule 4(C) provides as follows:
Jane Ruemmele

No person shall be held on recognizance or otherwise to answer a criminal charge for a period in aggregate embracing more than one year from the date the criminal charge against such defendant is filed, or from the date of his arrest on such charge, whichever is later; except where a continuance was had on his motion, or the delay was caused by his act, or where there was not sufficient time to try him during such period because of congestion of the court calendar; provided, however, that in the last-mentioned circumstance, the prosecuting attorney shall file a timely motion for continuance as under subdivision (A) of this rule. Provided further, that a trial court may take note of congestion or an emergency without the necessity of a motion, and upon so finding may order a continuance. Any continuance granted due to a congested calendar or emergency shall be reduced to an order, which order shall also set the case for trial within a reasonable time. Any defendant so held shall, on motion, be discharged. "The time period for Criminal Rule 4(C) begins on the later of the date the information is filed or the date of the defendant’s arrest.” Brown v. State, 725N.E.2d 823, 825 (Ind. 2000).Most people don't understand how this rule works, and how a person accused of a crime can contribute to the delay in bringing about a resolution. Some cases need to be investigated, and rushing to trial is a bad idea. On the other hand, sometimes, it is best to resolve matters by trial as soon as possible. It is best to make these decisions with the benefit of counsel to maximize your outcome and get the best result.

Share by: