An arrest can leave you unsure about how long you may remain in custody, whether you can get an attorney and what happens next. If police arrest you without a warrant, they must take you promptly before a judge. This initial hearing is often your first court appearance in an Indiana criminal case.
What the court explains
The judge explains your charges and constitutional rights, including your right to remain silent, your right to counsel and your right to a speedy trial. The judge also records a preliminary plea of not guilty unless you enter a different plea.
If you cannot afford an attorney, you may request a court-appointed attorney, often called a public defender. A judge will review your financial circumstances to determine whether you qualify. The court also sets an omnibus date, which serves as a reference point for important filing deadlines. For example, the deadline to notify the court about an alibi or insanity defense may fall before that date.
How bail and release are addressed
The judge may decide whether you remain in custody or are released under rules you must follow while the case continues. When considering release, the judge may examine whether there is a serious risk that you will miss court or endanger yourself or others. Release conditions could include travel limits, no-contact orders or drug and alcohol testing.
Keeping track of the court’s instructions
Before the hearing ends, make sure you know the next court date and understand every release condition. Keep copies of documents listing the charges and other court paperwork. Missing a hearing or violating a condition could create additional problems while the case is pending. An Indiana criminal defense attorney can explain the process, review your release conditions and help protect your rights.
