An Indiana criminal case can take months because both sides need time to exchange evidence, investigate the facts, review records, and question witnesses. In DUI and other criminal cases, waiting for body-camera footage, laboratory information, medical records, or subpoenaed documents can add significant time to the process.
Why doesn’t my criminal case get resolved right after the first court hearing?
Criminal cases have a process, and the initial hearing is only the beginning.
After the initial hearing, the court may schedule several pretrial conferences while the attorneys gather and review evidence. That evidence is commonly called discovery.
Discovery can include:
- police reports;
- body-camera footage;
- dash-camera footage;
- surveillance videos;
- photographs;
- audio recordings;
- witness information; and
- other evidence related to the allegations.
The prosecutor usually starts with much of this information. The defense needs access to it before making major decisions about the case.
That takes time.
A quick resolution might sound appealing when criminal charges are hanging over your head. But making permanent decisions before understanding the evidence can create a much bigger problem.
How long does it take to receive discovery in an Indiana criminal case?
Initial discovery often begins arriving within roughly the first month and a half of a case. That does not necessarily mean every piece of evidence will arrive at the same time.
Some evidence is relatively easy to provide. Other evidence may be stored on entirely different systems.
Body-camera and dash-camera footage are good examples. Those files may be stored on a police department’s server rather than directly with the prosecutor.
The prosecutor may have to obtain access, request the files, encrypt them, and then provide them to the defense.
Think of discovery less like opening one filing cabinet and more like putting together a puzzle. Some pieces are sitting on the table. Others still have to be located.
Why can body-camera and video evidence slow down an Indiana criminal case?
Digital evidence can require additional steps before a defense attorney receives it.
A police report might arrive relatively quickly. Video evidence may have to move through several systems first.
That matters because the video can tell a different story from the written report.
A defense lawyer needs to know what actually happened. What did the officer see? What was said? What happened before the arrest? Were other people present?
Those questions cannot always be answered by reading a few pages of paperwork.
Why can an Indiana DUI case take even longer?
Indiana DUI cases can require additional records that are not automatically included with the prosecutor’s initial discovery.
Suppose you took a breath test at the police station. The number on the printout is not necessarily the end of the investigation.
A defense attorney may want to examine questions such as:
- Was the breath-testing machine properly calibrated?
- Was it properly certified?
- How often had it been serviced?
- How frequently had it been used?
- What does the machine’s underlying data show?
Information about the breath-test machine may need to be obtained from the Indiana Department of Toxicology.
Those records are sometimes called download data.
Requests for these records can involve subpoenas, and the response period can extend to 90 days. The records may arrive sooner, but the available response period can still affect the case timeline.
What happens when an Indiana DUI case involves a blood draw?
A blood-draw case can create another layer of investigation.
The defense may need to determine what procedures were used when the blood was collected. If a hospital performed the draw, that can mean obtaining the hospital’s written protocol and relevant medical records.
Those records do not always appear overnight.
Anyone who has ever tried to obtain medical records probably understands the problem. What sounds like a simple request can turn into paperwork, authorizations, follow-ups, and waiting.
The defense still needs those records because details matter.
Why would my lawyer need to question the police officers?
Documents and videos do not necessarily answer every important question.
Depending on the case, the defense may need depositions, recorded statements, or other witness interviews.
In a DUI case, for example, the defense may want answers directly from the officers:
- Why did the officer initiate the stop?
- What did the officer personally observe?
- Who did the officer speak with?
- What happened before the arrest?
- Were there witnesses?
- What did those witnesses say?
The goal is to build the complete picture instead of simply accepting the first version of events.
A criminal case is not an assembly line. Two people can face the same charge while having completely different facts and completely different defense issues.
Does the defense also have to provide evidence to the prosecutor?
Yes. Discovery in Indiana is not simply a one-way street.
If the defense obtains evidence that it intends to use, that information may also need to be disclosed to the State.
That means both sides can have continuing discovery obligations while the case is pending.
The process can involve obtaining evidence, reviewing it, identifying missing information, investigating further, questioning witnesses, and making required disclosures.
Each step takes time.
Should I plead guilty just to get my criminal case over with?
Ending a case quickly and resolving a case intelligently are two different things.
A defendant may be able to plead guilty relatively early. That does not mean doing so is the best decision.
The defense may still be waiting for evidence that could change how the case should be handled. That could include video, testing information, medical documentation, witness statements, or other investigative material.
Once the defense understands the evidence, the attorney and client can make decisions based on the actual case rather than assumptions.
Sometimes patience is frustrating. It can also be necessary.
What is my Indiana criminal defense lawyer doing while I wait?
A case can look quiet from the outside while significant work is happening behind the scenes.
Your defense team may be:
- requesting discovery from the prosecutor;
- reviewing police reports and recordings;
- obtaining body-camera or dash-camera footage;
- subpoenaing outside records;
- investigating breath or blood testing;
- obtaining medical or hospital protocols;
- interviewing or deposing witnesses;
- identifying additional evidence; and
- evaluating possible strategies based on everything uncovered.
The objective is not to make a case last longer. The objective is to avoid making major decisions before the relevant evidence has been investigated.
What should I do if I’m worried about how long my Indiana criminal case is taking?
Ask your lawyer for an update.
You should be able to understand what stage your case has reached, what evidence has been received, what information remains outstanding, and what the next major step is expected to be.
There is no one-size-fits-all timeline for an Indiana criminal case. A relatively straightforward case may move faster. A case involving extensive video, outside records, testing data, or witness testimony may require considerably more investigation.
If you have questions about a pending Indiana criminal case, contact the Marc Lopez Law Firm at 317-632-3642 to speak with a lawyer today.
And remember—always plead the Fifth.