Indiana Initial Hearing: What Happens at Your First Court Date
In most Indiana criminal cases, your first court date is the initial hearing. It is usually short. The judge tells you what you are charged with, explains your rights, addresses bail or release conditions, and enters a preliminary plea of not guilty for you. No one decides guilt or innocence at this hearing, but several deadlines start running from it.
When the initial hearing happens
If you are arrested without a warrant and held in jail, Indiana law requires that you be taken promptly before a judicial officer for an initial hearing (IC 35-33-7-1). If you post bail before that hearing, it generally must take place within 20 calendar days of the arrest, or within 10 calendar days for an OWI arrest under IC 9-30-5. If you received a summons instead of being arrested, the summons tells you when and where to appear.
What the judge tells you
Indiana Criminal Rule 2.3 requires the court to give the advisements listed in IC 35-33-7-5. At the initial hearing, the judge must tell you, orally or in writing:
The nature of the charge against you.
That you have the right to hire a lawyer, and that you should do so within 20 days for a felony or 10 days if you are charged only with misdemeanors, because deadlines for motions and defenses follow.
That you have the right to a court-appointed lawyer at no cost if you cannot afford one.
That you have the right to a speedy trial.
The amount and conditions of bail.
That you have the right not to incriminate yourself.
That a preliminary plea of not guilty is being entered for you.
For felony charges, the judge also directs the prosecutor to give you or your lawyer a copy of the formal charges. For misdemeanor charges, you can ask for a copy.
Deadlines that start at the initial hearing
The preliminary not-guilty plea becomes a formal plea of not guilty 20 days after the initial hearing for a felony, or 10 days if only misdemeanors are charged, unless you enter a different plea (IC 35-33-7-5). Many filing deadlines in a criminal case are tied to these dates. In felony cases, the court also sets an omnibus date at the initial hearing, generally no earlier than 45 and no later than 75 days after the hearing unless the parties agree otherwise (IC 35-36-8-1). Deadlines for certain motions and defense notices are measured from the omnibus date.
Missing a deadline can mean losing the chance to raise an issue or defense later. That is the main reason the court tells you to arrange for a lawyer quickly.
Bail and release conditions
The court will tell you the amount of any bail and the conditions of your release. Conditions can include staying away from certain people or places, reporting to a pretrial services program, or not leaving the state without permission. Write the conditions down and follow them closely. A violation can lead to new problems in your case.
Why having a lawyer matters from the start
If you are not represented and have not waived your right to counsel, Criminal Rule 2.3 bars the State from negotiating a plea or diversion agreement with you, and the court may not accept a guilty plea from you at the initial hearing. If you already have a lawyer, the court may waive the initial hearing at your lawyer's request.
A lawyer can review the charging documents and probable cause affidavit, explain your release conditions, keep track of deadlines, and begin looking at the evidence. Our article on what to do if you are arrested in Indiana covers the steps before your first court date.
Tips for your first court date
Arrive early. Allow time for parking and security, and confirm the courtroom on your paperwork.
Bring your paperwork. That includes any summons, bond papers, or notices you received.
Do not discuss the facts in open court. The initial hearing is not the time to explain your side. Anything you say can be used in the case.
Write down your next court date and every release condition before you leave.
Contact a lawyer right away if you plan to hire one, so the 10- or 20-day period is not lost.
What comes next
After the initial hearing, the case usually moves to pretrial conferences, the exchange of evidence, and motions. Learn more in our article on pretrial motions in Indiana cases.
Frequently asked questions
Do I have to plead guilty or not guilty at the initial hearing?
No. The court enters a preliminary plea of not guilty for you unless you enter a different plea. If you do not have a lawyer and have not waived counsel, the court may not accept a guilty plea at that hearing.
Can my case be dismissed at the initial hearing?
The initial hearing is not where the evidence is tested. For an arrest without a warrant, a judicial officer reviews whether there was probable cause, and a person must be released if probable cause is not found or the prosecutor states that no charge will be filed (IC 35-33-7-2). Most other issues are raised later through motions or negotiation.
What if I cannot afford a lawyer?
Tell the judge. Before the initial hearing ends, the court decides whether you qualify for appointed counsel and, if so, appoints a lawyer (IC 35-33-7-6).
Facing a criminal charge in Indiana?
If you have an upcoming initial hearing, you can schedule a consultation with Brinkley Law or learn more about our criminal defense services.
Brinkley Law, 8888 Keystone Crossing, Suite 1300, Indianapolis, Indiana 46240.
This article provides general information about Indiana law and is not legal advice. Reading it or contacting Brinkley Law does not create an attorney-client relationship. The application of the law depends on the facts of each matter.
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