With bad news and executive orders dropping daily, life as we know it has changed—at least temporarily. With a return to normalcy on indefinite hold, the newest and most popular question at the Marc Lopez Law Firm is: How will the coronavirus affect my case?
The short answer is that your case will be affected just like everything else in the world. Pending civil and criminal cases—along with sports, concerts, restaurants, and social contact—have been put on pause. We aren’t sure what the future holds, because no one’s lived through a situation like this before.
All 92 counties have submitted petitions for emergency relief to the Indiana Supreme Court, and Chief Justice Loretta Rush has agreed that the current global pandemic interferes with courts’ and litigants’ ability to comply with statutory deadlines and procedural rules. While the specific relief plans differ according to county, some of the various options include:
- tolling speedy trial deadlines
- suspending civil and criminal jury trials
- continuing non-essential matters
- using video or telephonic technology in place of in-person appearances
- allowing the flu (or flu-like symptoms) to constitute good cause for a remote appearance or continuance
- limiting spectators in the courtroom
For the most part, courts remain closed, and court dates have been pushed back into the summer. Details for each individual county can be found here.
Courts are already adapting by using video conference software when necessary, but this remains a limited option that isn’t widely available. In Marion County, courts are conducting essential hearings with an explicit focus on managing the jail population. Judges have discretion to determine what’s essential, but hearings that have been broadly deemed essential include:
- initial hearings for defendants that are in custody
- continued initial hearings
- bond reviews
- time-sensitive child in need of services (CHINS) hearings
- civil commitments
Generally speaking, in-person court hearings are becoming increasingly rare, and when they do occur, courts are taking health-related precautions. Recently enacted safeguards include:
- pre-screening people for symptoms as they enter the courthouse
- limiting courtroom entrance to defendants and attorneys only
- asking family to wait outside
- providing sanitizer at entrances and counsel tables
This emphasis on essential hearings inevitably means that other hearings—deemed non-essential—must be put on hold. For defendants who are seeking Specialized Driving Privileges or other time-sensitive orders, these delays can be incredibly inconvenient. The craftiest attorneys can sometimes find ways to get things accomplished, even when the courts are closed.
It is very likely that if you have a pending case, it has been continued by the court’s own motion. For some, this is good news, while for others who wanted their case resolved as soon as possible, it is an inconvenience. Unfortunately, in the near future, the scheduling is beyond our control as we all work together to fight off COVID-19.
These changes are largely unprecedented and are changing rapidly. As COVID-19 spreads across the State of Indiana, courts are taking more and more steps to respond appropriately and protect their citizens. Stay in contact with your attorney to find out how the measures impact your next court date.
Even though the courts are closed, we at the Marc Lopez Law Firm remain in close contact with Prosecutors around the state to continue working on each case. Court closures don’t stop us from negotiating on your behalf, requesting and reviewing discovery, and outlining possible defenses. While the court closures are certainly inconvenient, they do allow us the time to reset and better prepare a strategy going forward so that we are ready to go once the courts open once again.
If you have any questions or concerns, give us a call at 317-632-3642, and always remember to Plead the 5th.
