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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Criminal Law
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Experience:  19+ Years of Legal Practice in Criminal Law.
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Hello, In indiana Criminal procedure, there is only an

Resolved Question:

Hello,


In indiana Criminal procedure, there is only an Initial Hearing and then Pre-trial Conferences. My question is : in which precise phase of the pre-trial stage the defendant is allowed to explain his/her version of events? This is explained nowhere.
I would be grateful if you could answer.

I desperately need it for an assignment.
Thank you in advance.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  AlexiaEsq. replied 3 years ago.
Hi,

In indiana Criminal procedure, there is only an Initial Hearing and then Pre-trial Conferences. My question is : in which precise phase of the pre-trial stage the defendant is allowed to explain his/her version of events? There is no court date where the defendant does this, unless he is pleading guilty (such at an Initial Hearing, and the judge requires him to lay the foundation facts that support his guilty plea. Of course, they have to be showing his guilt, or else the judge won't accept his guilty plea.


Now, it is possible to offer to make a statement to the State as to what happened, but that is not a court date - he can write it, tape it, have a deposition, etc., but no defense lawyer in his right mind would likely allow his client to make such a statement before trial (and possibly not even after trial), as he would be giving up his right to remain silent, and he is not obligated to do that. Can he give up that right? Yes, at any time, start talking, they will gladly let him, because it will make it easier for them to convict him. But otherwise, I think you are looking for something that doesn't exist in crimnal law.

Post trial - he could make a statement potentially at his sentencing, to convince the sentencing judge to go lenient, but that would be post trial or post plea.

Hope this helps.

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Customer: replied 3 years ago.

 

I am very sorry to tell you that I can't accept this answer.

 

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 in presence of a counsel? Has this person to wait the day of the trial to declare he/she is innocent? Who can believe that? 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?

A very disappointed £.33. At this rate with no research, things are easy!

Expert:  AlexiaEsq. replied 3 years ago.

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.

 


AlexiaEsq., Managing Attorney
Category: Criminal Law
Satisfied Customers: 11694
Experience: 19+ Years of Legal Practice in Criminal Law.
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