After you hire a criminal defense lawyer in Indiana, your attorney will track your court dates, review the State’s evidence, communicate with prosecutors, and help determine the best path forward. Early stages often include an initial hearing and discovery, followed by discussions about negotiations, motions, or trial.
What is the first court date after you are charged with a crime in Indiana?
The first court date is typically called the initial hearing.
This is generally your first appearance before a judge after criminal charges are filed. The judge will advise you of the charges against you and the potential penalties you face.
If you hire a lawyer early enough, you may not always have to personally attend this hearing. Depending on the court and circumstances, an attorney may be able to waive the initial hearing or appear on your behalf.
That does not mean you should assume a court date is optional.
Your attorney should tell you whether a hearing is:
- In person;
- Virtual;
- Waived; or
- Handled by your attorney without your attendance.
Missing a required court appearance can create a new problem on top of the criminal case you already have.
Will I have to appear at every court hearing?
A good rule of thumb is to assume that you must appear at each court date, unless your attorney tells you differently.
If you are uncertain about an upcoming hearing, ask. A quick phone call or text is considerably easier than dealing with the consequences of missing court.
What happens after the initial hearing in an Indiana criminal case?
After the initial hearing, the case generally moves into discovery.
Discovery is the process through which evidence is exchanged in a criminal case. The State begins providing evidence related to the charges against you.
Depending on the case, that evidence might take time to collect and review.
The defense can also identify and provide information that supports your side of the story. That may include evidence supporting your innocence or otherwise helping your defense.
Think of discovery as the point where your lawyer starts getting a clearer view of the State’s hand.
Before seeing the evidence, making confident predictions about a case can be premature.
How long does criminal discovery take in Indiana?
An initial discovery period may take roughly 30 to 45 days, depending on the case and the evidence involved.
That timeframe is not a guarantee.
Some cases involve relatively straightforward evidence. Others may involve records, videos, testing, reports, witnesses, or other materials that take longer to obtain.
This waiting period can be frustrating, especially if this is your first criminal case.
You hired a lawyer, several weeks have passed, and you naturally want to know: What is happening with my case?
Sometimes the answer is simply that the defense is still waiting for evidence or reviewing what has been received.
A lack of dramatic news does not necessarily mean nothing is happening.
Why might my criminal lawyer not have a major update right away?
Your attorney may need the State’s evidence before giving you a meaningful assessment of the case.
Criminal cases are built on facts and evidence. A lawyer needs to know what prosecutors can actually prove, not merely what appears in the charging paperwork.
During those early weeks, the defense may be reviewing available evidence while waiting for additional discovery.
You should still ask questions when you have them.
Questions about court dates, expected timelines, discovery, or what happens next are completely reasonable. You should understand the process you are going through.
When will my lawyer know whether I should take a plea or go to trial?
More productive conversations about the direction of the case usually begin after your attorney has reviewed the available evidence.
At that point, your lawyer can better evaluate issues such as:
- The strength of the State’s evidence;
- Evidence favorable to the defense;
- Potential weaknesses in the prosecution’s case;
- Whether further investigation is needed;
- Whether plea negotiations make sense; and
- Whether preparing for trial may be appropriate.
A criminal charge does not automatically mean you should plead guilty. It also does not automatically mean going to trial is the right move.
The evidence matters.
Your circumstances matter.
The details of the case matter.
That is why an attorney should understand the evidence before helping you make major decisions.
Who will work on my criminal case?
Depending on what your case requires, more than one person at the law firm may assist you.
In addition to your attorney, you may work with a paralegal or other members of the legal team. Cases involving driver’s license problems may also require additional work focused specifically on those issues.
Having multiple people involved does not mean you are being passed around.
Different parts of a criminal case can require different kinds of work. The goal is to make sure questions and problems are addressed as they arise.
What should I do while my Indiana criminal case is pending?
Stay in contact with your legal team, follow your attorney’s instructions, and make sure you know about every upcoming court date.
Do not assume silence means something has gone wrong.
The first several weeks of a criminal case can involve a lot of waiting. Your attorney may be waiting for discovery, reviewing evidence, communicating with prosecutors, or determining what additional investigation is necessary.
Most importantly, avoid creating new problems while the existing case is pending.
Remember to only talk about your criminal case to your legal team. Don’t talk to friends or family about your case. Many of the defense attorneys on our team are former prosecutors. We continue to be amazed at how often friends and family called the prosecutor’s office offering “information” against defendants.
Facing criminal charges in Indiana?
The criminal justice system can feel overwhelming when you have never experienced it before. Court dates, discovery, prosecutors, and unfamiliar terminology can make the first few weeks especially stressful.
You do not have to figure out the process by yourself.
If you are facing criminal charges in Indiana, contact the Marc Lopez Law Firm at 317-632-3642 to speak with a lawyer today.
And remember—always plead the 5th.
