Ind. Code ch. 35-33-7

Ind. Code ch. 35-33-7
in effect

Ind. Code § 35-33-7-1 Arrest without warrant; initial hearing; venue

Sec. 1. (a) A person arrested without a warrant for a crime shall be taken promptly before a judicial officer: (1) in the county in which the arrest is made; or (2) of any county believed to have venue over the offense committed; for an initial hearing in court. (b) Except as provided in subsection (c), if the person arrested makes bail before the person's initial hearing before a judicial officer, the initial hearing shall occur at any time within twenty (20) calendar days after the person's arrest. (c) If a person arrested under IC 9-30-5 makes bail before the person's initial hearing before a judicial officer, the initial hearing must occur within ten (10) calendar days after the person's arrest. As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.126-1989, SEC.27; P.L.2-1991, SEC.103.

Ind. Code § 35-33-7-2 Probable cause; affidavit or oral presentation under oath; record; determination; detention or release

Sec. 2. (a) As used in this section, "affiant" means the person who submits the facts upon which an arrest has been made: (1) in a probable cause affidavit; or (2) to a judicial officer orally, under oath. (b) At or before the initial hearing of a person arrested without a warrant for a crime, the facts upon which the arrest was made shall be submitted to the judicial officer, ex parte, in a probable cause affidavit. In lieu of the affidavit or in addition to it, the facts may be submitted orally under oath to the judicial officer. If facts upon which the arrest was made are submitted orally, the proceeding shall be recorded by a court reporter, and, upon request of any party in the case or upon order of the court, the record of the proceeding shall be transcribed. (c) In addition to the facts described in subsection (b), the affiant shall disclose any known personal, financial, or familial relationship with: (1) any party to the investigation; or (2) any other person involved in the offense described in the affidavit; if the relationship could reasonably be perceived to affect the affiant's objectivity or impartiality. (d) If the judicial officer determines that there is probable cause to believe that any crime was committed and that the arrested person committed it, the judicial officer shall order that the arrested person be held to answer in the proper court. If the facts submitted do not establish probable cause or if the prosecuting attorney informs the judicial officer on the record that no charge will be filed against the arrested person, the judicial officer shall order that the arrested person be released immediately. As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.12; P.L.131-2025, SEC.2; P.L.129-2026, SEC.4.

Ind. Code § 35-33-7-3 Filing of indictment or information; recess or continuation of initial hearing; informing accused of rights

Sec. 3. (a) When a person is arrested for a crime before a formal charge has been filed, an information or indictment shall be filed or be prepared to be filed at or before the initial hearing, unless the prosecuting attorney has informed the court that there will be no charges filed in the case. (b) If the prosecuting attorney states that more time is required to evaluate the case and determine whether a charge should be filed, or if it is necessary to transfer the person to another court, then the court shall recess or continue the initial hearing for up to seventy-two (72) hours, excluding intervening Saturdays, Sundays, and legal holidays. (c) Before recessing the initial hearing and after the ex parte probable cause determination has been made, the court shall inform a defendant charged with a felony of the rights specified in section 5(a)(1), 5(a)(2), 5(a)(3), 5(a)(4), and 5(a)(5) of this chapter. As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.13; P.L.320-1983, SEC.8; P.L.166-2024, SEC.2.

Ind. Code § 35-33-7-3.5 Conformity of initial hearing to summons; probable cause

Sec. 3.5. The initial hearing of a person issued a: (1) summons; or (2) summons and promise to appear; must take place according to the terms of the summons. At such an initial hearing, a determination of probable cause is not required unless the prosecuting attorney requests on the record that the person be held in custody before his trial. As added by P.L.320-1983, SEC.9.

Ind. Code § 35-33-7-4 Arrest under warrant; jurisdiction; time of initial hearing

Sec. 4. A person arrested in accordance with the provisions of a warrant shall be taken promptly for an initial hearing before the court issuing the warrant or before a judicial officer having jurisdiction over the defendant. If the arrested person has been released in accordance with the provisions for release stated on the warrant, the initial hearing shall occur at any time within twenty (20) days after his arrest. As added by Acts 1981, P.L.298, SEC.2.

Ind. Code § 35-33-7-4.5 Initial hearing waiver

Sec. 4.5. A person charged with a misdemeanor under IC 9-30-5-1 or IC 9-30-5-2 may waive the person's initial hearing. As added by P.L.158-2026, SEC.39.

Ind. Code § 35-33-7-5 Initial hearing; advisements; referral of a pregnant woman charged with a drug crime

Sec. 5. (a) At the initial hearing of a person, the judicial officer shall inform the person orally or in writing: (1) that the person has a right to retain counsel and if the person intends to retain counsel the person must do so within: (A) twenty (20) days if the person is charged with a felony; or (B) ten (10) days if the person is charged only with one (1) or more misdemeanors; after this initial hearing because there are deadlines for filing motions and raising defenses, and if those deadlines are missed, the legal issues and defenses that could have been raised will be waived; (2) that the person has a right to assigned counsel at no expense to the person if the person is indigent; (3) that the person has a right to a speedy trial; (4) of the amount and conditions of bail; (5) of the person's privilege against self-incrimination; (6) of the nature of the charge against the person; (7) that a preliminary plea of not guilty is being entered for the person and the preliminary plea of not guilty will become a formal plea of not guilty: (A) twenty (20) days after the completion of the initial hearing; or (B) ten (10) days after the completion of the initial hearing if the person is charged only with one (1) or more misdemeanors; unless the defendant enters a different plea; and (8) that the person may request to petition for a specialized driving privileges hearing if the person is charged with: (A) any offense in which the operation of a motor vehicle is an element of the offense; (B) any offense under IC 9-30-5, IC 35-46-9 (before its repeal), or IC 14-15-8 (before its repeal); or (C) any offense under IC 35-42-1, IC 35-42-2, or IC 35-44.1-3-1 that involves the use of a vehicle. In addition, the judge shall direct the prosecuting attorney to give the defendant or the defendant's attorney a copy of any formal felony charges filed or ready to be filed. The judge shall, upon request of the defendant, direct the prosecuting attorney to give the defendant or the defendant's attorney a copy of any formal misdemeanor charges filed or ready to be filed. (b) This subsection applies to a pregnant woman charged with a drug crime. If the woman is otherwise qualified, including meeting any requirements under IC 33-23-16-13(3)(A), if applicable, the judge may, after consulting with the prosecuting attorney, refer the woman to the forensic diversion program (IC 11-12-3.7) or a drug court (IC 33-23-16). As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.14; P.L.320-1983, SEC.10; P.L.46-2018, SEC.6; P.L.166-2024, SEC.3; P.L.158-2026, SEC.40.

Ind. Code § 35-33-7-6 Indigent defendant; assignment of counsel; ability to pay; transfer of fees

Note: This version of section effective until 1-1-2027. See also following version of this section, effective 1-1-2027. Sec. 6. (a) Prior to the completion of the initial hearing, the judicial officer shall determine whether a person who requests assigned counsel is indigent under section 6.5 of this chapter. If the person is found to be indigent, the judicial officer shall assign counsel to the person. (b) If jurisdiction over an indigent defendant is transferred to another court, the receiving court shall assign counsel immediately upon acquiring jurisdiction over the defendant. (c) If the court finds that the person is able to pay part of the cost of representation by the assigned counsel, the court shall order the person to pay the following: (1) For a felony action, a fee of two hundred dollars ($200). (2) For a misdemeanor action, a fee of one hundred dollars ($100). (d) If the court orders the person to pay an amount described in subsection (c)(1) or (c)(2), the court shall inquire at sentencing whether the person has paid the required amount. (e) The clerk of the court shall deposit the first one hundred dollars ($100) in a felony case and the first fifty dollars ($50) in a misdemeanor case of the fees described in subsection (c) in the county's supplemental public defender services fund established by IC 33-40-3-1. (f) The clerk of the court shall transfer the remaining one hundred dollars ($100) in a felony case and the remaining fifty dollars ($50) in a misdemeanor case of the fees described in subsection (c) to the state comptroller for deposit in the public defense fund established by IC 33-40-6-1. (g) The court may review the finding of indigency at any time during the proceedings if: (1) the court receives evidence of a material change in the person's income or assets; or (2) the person has failed to provide the court with sufficient evidence, including documentary evidence, to sustain the court's initial indigency determination. As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.216-1996, SEC.11; P.L.98-2004, SEC.139; P.L.140-2020, SEC.1; P.L.111-2024, SEC.16.

Ind. Code § 35-33-7-6 Indigent defendant; assignment of counsel; ability to pay; transfer of fees

Note: This version of section effective 1-1-2027. See also preceding version of this section, effective until 1-1-2027. Sec. 6. (a) Prior to the completion of the initial hearing, the judicial officer shall determine whether a person who requests assigned counsel is indigent under section 6.5 of this chapter. If the person is found to be indigent, the judicial officer shall assign counsel to the person. (b) If jurisdiction over an indigent defendant is transferred to another court, the receiving court shall assign counsel immediately upon acquiring jurisdiction over the defendant. (c) If the court finds that the person is able to pay part of the cost of representation by the assigned counsel, the court shall order the person to pay the following: (1) For a felony action, a fee of two hundred dollars ($200). (2) For a misdemeanor action, a fee of one hundred dollars ($100). However, a court may order a person to pay the fees described in this subsection without an indigency hearing if the person has paid a cash bond and executed an agreement under IC 35-33-8-3.2 allowing the court to retain all or a part of the cash to pay publicly paid costs of representation and fines, costs, fees, and restitution. (d) If the court orders the person to pay an amount described in subsection (c)(1) or (c)(2), the court shall inquire at sentencing whether the person has paid the required amount. (e) The clerk of the court shall deposit the first one hundred dollars ($100) in a felony case and the first fifty dollars ($50) in a misdemeanor case of the fees described in subsection (c) in the county's supplemental public defender services fund established by IC 33-40-3-1. (f) The clerk of the court shall transfer the remaining one hundred dollars ($100) in a felony case and the remaining fifty dollars ($50) in a misdemeanor case of the fees described in subsection (c) to the state comptroller for deposit in the public defense fund established by IC 33-40-6-1. (g) The court may review the finding of indigency at any time during the proceedings if: (1) the court receives evidence of a material change in the person's income or assets; or (2) the person has failed to provide the court with sufficient evidence, including documentary evidence, to sustain the court's initial indigency determination. As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.216-1996, SEC.11; P.L.98-2004, SEC.139; P.L.140-2020, SEC.1; P.L.111-2024, SEC.16; P.L.64-2026, SEC.1.

Ind. Code § 35-33-7-6.5 Procedure to determine indigency; submission of uniform form; prorated payments

Note: This version of section effective until 1-1-2027. See also following version of this section, effective 1-1-2027. Sec. 6.5. (a) In determining whether a person is indigent, the court shall consider the following: (1) The person's assets. (2) The person's income. (3) The person's necessary expenses. (b) The court may consider that a person's eligibility for: (1) the federal Supplemental Nutrition Assistance Program (SNAP) (except for 21 U.S.C. 862a(a)); (2) the federal and Indiana TANF (Temporary Assistance for Needy Families) program (except for 21 U.S.C. 862a(a)); or (3) another need based public assistance program; constitutes sufficient evidence to establish that a person is indigent. (c) The court may issue an initial indigency determination pending receipt of documentary or other evidence from the person concerning the person's income, assets, expenses, or welfare eligibility. (d) Each court in a county receiving reimbursement under IC 33-40-6-5(c) shall require a person claiming indigency to submit a uniform form, prescribed by the office of judicial administration, to assist the court in determining whether the person is indigent. The court shall review or designate a staff member to review the form submitted to ensure the accuracy of the information contained in the form before issuing an indigency determination under this section. The court may request any additional information needed from the person to verify the accuracy of the information submitted in the form. (e) If the court finds that the person is able to pay some of the fines, fees, and court costs, the court may prorate the person's fine, fee, and court costs, and require the person to pay an amount that the person can reasonably afford. As added by P.L.140-2020, SEC.2. Amended by P.L.111-2024, SEC.17.

Ind. Code § 35-33-7-6.5 Procedure to determine indigency; submission of uniform form; prorated payments; payment of cash bond and executed agreement

Note: This version of section effective 1-1-2027. See also preceding version of this section, effective until 1-1-2027. Sec. 6.5. (a) In determining whether a person is indigent, the court shall consider the following: (1) The person's assets. (2) The person's income. (3) The person's necessary expenses. (b) The court may consider that a person's eligibility for: (1) the federal Supplemental Nutrition Assistance Program (SNAP) (except for 21 U.S.C. 862a(a)); (2) the federal and Indiana TANF (Temporary Assistance for Needy Families) program (except for 21 U.S.C. 862a(a)); or (3) another need based public assistance program; constitutes sufficient evidence to establish that a person is indigent. (c) The court may issue an initial indigency determination pending receipt of documentary or other evidence from the person concerning the person's income, assets, expenses, or welfare eligibility. (d) Each court in a county receiving reimbursement under IC 33-40-6-5(c) shall require a person claiming indigency to submit a uniform form, prescribed by the office of judicial administration, to assist the court in determining whether the person is indigent. The court shall review or designate a staff member to review the form submitted to ensure the accuracy of the information contained in the form before issuing an indigency determination under this section. The court may request any additional information needed from the person to verify the accuracy of the information submitted in the form. (e) If the court finds that the person is able to pay some of the fines, fees, and court costs, the court may prorate the person's fine, fee, and court costs, and require the person to pay an amount that the person can reasonably afford. (f) If a person has paid a cash bond and executed an agreement under IC 35-33-8-3.2 allowing the court to retain all or a part of the cash to pay publicly paid costs of representation and fines, costs, fees, and restitution, the court may retain these funds pursuant to the agreement without holding an indigency hearing. As added by P.L.140-2020, SEC.2. Amended by P.L.111-2024, SEC.17; P.L.64-2026, SEC.2.

Ind. Code § 35-33-7-7 Order of release not to bar further proceedings

Sec. 7. An order releasing a person under this chapter does not bar further proceedings in the case. As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.15.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/35Fetched: 10/17/2026

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