First, let's clarify what your question posed was: (Please allow me to quote you.)My question is : in which precise phase of the pre-trial stage the defendant is allowed to explain his/her version of events? I explained, there is no such formal procedure, because the only thing that happens IS at that initial hearing where he ENTERS his PLEA of not guilty, or guilty. He does not get the opportunity to try the case, explain things, etc. Later, if he wishes to write letters to the prosecutor, talk to the media, that is his right, his "freedom of speech" if you will. Otherwise, he waits til Trial. That is were ALL witnesses get to testify.
Now you add:
"Do you tell me that someone accused of murder has just to accept felony charges filled against him/her without having the possiblity to say : 'I didn't do it' to a judge n the presence of a counsel? This was not your initial question, see above. Your initial question concerned at what phase he could EXPLAIN. Not merely stating "I didn't do it" (which the judge would then likely state, "So, you are pleading NOT GUILTY?). He does not get to explain himself at that Hearing, only enter his plea. I'm sorry if you don't like it. I can only report how it is done.
The opportunity in THIS COUNTRY, including Indiana,
after pleading "not guilty" (at one's preliminary hearing/arraignment, which is presumably the "initial hearing" you refer to), is at trial
. The only time he will say "I didn't do it" is when he PLEADS NOT GUILTY - and NO, he does not have the opportunity to discuss the events - only gets to say if he is guilty or not guilty.
They don't hold a mini trial before the big shebang. Of course, as I noted above, if the defendant wants to tell his story, he can, to whoever he wants, the newpaper, a letter to the prosecutor, etc. Please let me know what part of this you are finding confusing, if it it still not clear to you.
Has this person to wait the day of the trial to declare he/she is innocent? No, his plea IS his statement that he is not guilty.
Who can believe that? Consider re-reading your question and my answer. I think you've missed something here.
Of course I know without the presence of a lawyer one has the right to remain silent, but what is the point to have one if you can't discuss about your innocence? You can certainly, and SHOULD, discuss your innocense with your lawyer. This can happen every single day, all day, all night. But that is not with the Judge and not in court.
A very disappointed £.33. At this rate with no research, things are easy!Read again please, and let me know if it is cleared up. Let me know which reality is not coming through clearly, so I can better explain.