Sec. 1. (a) All prosecutions of crimes shall be brought in the name of the state of Indiana. Any crime may be charged by indictment or information. (b) Except as provided in IC 12-15-23-6(d), all prosecutions of crimes shall be instituted by the filing of an information or indictment by the prosecuting attorney, in a […]
Sec. 10. (a) When a defendant has been charged with two (2) or more offenses in two (2) or more indictments or informations and the offenses could be joined in the same indictment or information under section 9(a)(1) of this chapter, the court, upon motion of the defendant, may order that the indictments or informations […]
Sec. 11. (a) Whenever two (2) or more offenses have been joined for trial in the same indictment or information solely on the ground that they are of the same or similar character, the defendant shall have a right to a severance of the offenses. In all other cases the court, upon motion of the […]
Sec. 12. (a) A defendant’s motion for severance of crimes or motion for a separate trial must be made before commencement of trial, except that the motion may be made before or at the close of all the evidence during trial if based upon a ground not previously known. The right to severance of offenses […]
Sec. 13. (a) Upon motion of the prosecuting attorney, the court shall order the dismissal of the indictment or information. The motion may be made at any time before sentencing and may be made on the record or in writing. The motion shall state the reason for dismissal. (b) In any case where an order […]
Sec. 14. In any indictment or information, an averment substantially in compliance with the provisions of this section shall be sufficient. (a) The age of the defendant or the victim need not be alleged, except where the age of the defendant or the victim is an essential element of the offense charged. (b) Averments as […]
Sec. 15. (a) If the stated name of the defendant in the indictment or information is incorrect: (1) this defect shall not be a ground for dismissal of the indictment or information; and (2) any variance between the allegations and the proof of the defendant’s name shall not be considered material. (b) If at any […]
Sec. 16. (a) In an indictment or information for perjury, it is necessary to set forth only: (1) the substance of the controversy or the matter in respect to which the alleged offense was committed; and (2) in what court or before whom the false statement was made. It is not necessary to set forth […]
Sec. 17. When an instrument which is the subject of an indictment or information for forgery has been destroyed, or is withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment or information, and established at trial, the misdescription of the instrument is […]
Sec. 18. The indictment or information for an offense which was committed upon or in relation to any property belonging to partners, or to several joint owners, or property which, when the offense was committed, was in possession of a bailee or tenant, is sufficient if it alleges the ownership of the property to be […]
Sec. 19. The words used in an indictment or information shall be construed using their ordinary and common meaning, except words and phrases defined by law, which are to be construed according to their legal meaning. As added by Acts 1981, P.L.298, SEC.3.
Sec. 2. (a) The indictment or information shall be in writing and allege the commission of an offense by: (1) stating the title of the action and the name of the court in which the indictment or information is filed; (2) stating the name of the offense in the words of the statute or any […]
Sec. 2.4. (a) If an indictment, information, pleading, motion, petition, probable cause affidavit, or other document is required to be verified or sworn under oath before it is submitted to the court in a criminal action, the document meets the requirements of the law as a sworn document if the following form or a substantially […]
Sec. 2.5. If the penalty for an offense is, by the terms of the statute, increased because the person was previously convicted of the offense, the state may seek to have the person sentenced to receive the increased penalty by alleging, on a page separate from the rest of the charging instrument, that the person […]
Sec. 3. When an indictment or information which has been returned or presented to a court as authorized by law has become illegible or cannot be produced, the defendant may be tried using a copy certified by the clerk of the court. As added by Acts 1981, P.L.298, SEC.3.
Sec. 4. (a) The court may, upon motion of the defendant, dismiss the indictment or information upon any of the following grounds: (1) The indictment or information, or any count thereof, is defective under section 6 of this chapter. (2) Misjoinder of offenses or parties defendant, or duplicity of allegation in counts. (3) The grand […]
Sec. 5. (a) An indictment or information which charges the commission of an offense may not be dismissed but may be amended on motion by the prosecuting attorney at any time because of any immaterial defect, including: (1) any miswriting, misspelling, or grammatical error; (2) any misjoinder of parties defendant or offenses charged; (3) the […]
Sec. 6. (a) An indictment or information is defective when: (1) it does not substantially conform to the requirements of section 2(a) of this chapter; (2) the allegations demonstrate that the court does not have jurisdiction of the offense charged; or (3) the statute defining the offense charged is unconstitutional or otherwise invalid. (b) An […]
Sec. 7. An indictment shall be dismissed upon motion when the grand jury proceeding which resulted in the indictment was conducted in violation of IC 35-34-2. As added by Acts 1981, P.L.298, SEC.3.
Sec. 8. (a) A motion to dismiss an indictment or information under section 4 of this chapter shall be in writing. The prosecutor must be given reasonable notice of a motion to dismiss. If the motion is expressly or impliedly based upon the existence or occurrence of facts, the motion shall be accompanied by affidavits […]
