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Ind. Code § 35-33-7-3

Filing of indictment or information; recess or continuation of initial hearing; informing accused of rights

Applied in 4 court decisions — leading case Holloway v. Delaware County Sheriff (2012)

Most recently applied in Jason Roudebush v. State of Indiana (March 2014)

As added by Acts 1981, P.L.298, SEC.2

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Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 3. (a) When a person is arrested for a crime before a formal charge has been filed, an information or indictment shall be filed or be prepared to be filed at or before the initial hearing, unless the prosecuting attorney has informed the court that there will be no charges filed in the case.

(b) If the prosecuting attorney states that more time is required to evaluate the case and determine whether a charge should be filed, or if it is necessary to transfer the person to another court, then the court shall recess or continue the initial hearing for up to seventy-two (72) hours, excluding intervening Saturdays, Sundays, and legal holidays.

(c) Before recessing the initial hearing and after the ex parte probable cause determination has been made, the court shall inform a defendant charged with a felony of the rights specified in section 5(a)(1), 5(a)(2), 5(a)(3), 5(a)(4), and 5(a)(5) of this chapter.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.