IC 35-33-7
    Chapter 7. Probable Cause; Initial Hearing

IC 35-33-7-1
Arrest without warrant; initial hearing; venue
    Sec. 1. (a) A person arrested without a warrant for a crime shallbe 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 offensecommitted; for an initial hearing in court.
    (b) Except as provided in subsection (c), if the person arrestedmakes bail before the person's initial hearing before a judicial officer,the initial hearing shall occur at any time within twenty (20) calendardays after the person's arrest.
    (c) If a person arrested under IC 9-30-5 makes bail before theperson's initial hearing before a judicial officer, the initial hearingmust 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.

IC 35-33-7-2
Probable cause; affidavit or oral presentation under oath; record;determination; detention or release
    Sec. 2. (a) At or before the initial hearing of a person arrestedwithout a warrant for a crime, the facts upon which the arrest wasmade shall be submitted to the judicial officer, ex parte, in a probablecause affidavit. In lieu of the affidavit or in addition to it, the factsmay be submitted orally under oath to the judicial officer. If factsupon which the arrest was made are submitted orally, the proceedingshall be recorded by a court reporter, and, upon request of any partyin the case or upon order of the court, the record of the proceedingshall be transcribed.
    (b) If the judicial officer determines that there is probable causeto believe that any crime was committed and that the arrested personcommitted it, the judicial officer shall order that the arrested personbe held to answer in the proper court. If the facts submitted do notestablish probable cause or if the prosecuting attorney informs thejudicial officer on the record that no charge will be filed against thearrested person, the judicial officer shall order that the arrestedperson be released immediately.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982,P.L.204, SEC.12.

IC 35-33-7-3
Filing of indictment or information; recess or continuation ofinitial hearing; informing accused of rights
    Sec. 3. (a) When a person is arrested for a crime before a formalcharge has been filed, an information or indictment shall be filed orbe prepared to be filed at or before the initial hearing, unless theprosecuting 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 toevaluate the case and determine whether a charge should be filed, orif it is necessary to transfer the person to another court, then the courtshall 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 parteprobable cause determination has been made, the court shall informa defendant charged with a felony of the rights specified insubdivisions (1), (2), (3), (4), and (5) of section 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.

IC 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 aninitial hearing, a determination of probable cause is not requiredunless the prosecuting attorney requests on the record that the personbe held in custody before his trial.
As added by P.L.320-1983, SEC.9.

IC 35-33-7-4
Arrest under warrant; jurisdiction; time of initial hearing
    Sec. 4. A person arrested in accordance with the provisions of awarrant shall be taken promptly for an initial hearing before the courtissuing the warrant or before a judicial officer having jurisdictionover the defendant. If the arrested person has been released inaccordance with the provisions for release stated on the warrant, theinitial hearing shall occur at any time within twenty (20) days afterhis arrest.
As added by Acts 1981, P.L.298, SEC.2.

IC 35-33-7-5
Informing of accused
    Sec. 5. At the initial hearing of a person, the judicial officer shallinform him orally or in writing:
        (1) that he has a right to retain counsel and if he intends toretain counsel he 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 filingmotions and raising defenses, and if those deadlines are missed,the legal issues and defenses that could have been raised will bewaived;
        (2) that he has a right to assigned counsel at no expense to him

if he is indigent;
        (3) that he has a right to a speedy trial;
        (4) of the amount and conditions of bail;
        (5) of his privilege against self-incrimination;
        (6) of the nature of the charge against him; and
        (7) that a preliminary plea of not guilty is being entered for himand the preliminary plea of not guilty will become a formal pleaof not guilty:
            (A) twenty (20) days after the completion of the initialhearing; or
            (B) ten (10) days after the completion of the initial hearingif the person is charged only with one (1) or moremisdemeanors;
        unless the defendant enters a different plea.
    In addition, the judge shall direct the prosecuting attorney to givethe defendant or his attorney a copy of any formal felony chargesfiled or ready to be filed. The judge shall, upon request of thedefendant, direct the prosecuting attorney to give the defendant or hisattorney a copy of any formal misdemeanor charges filed or ready tobe filed.
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.

IC 35-33-7-6
Indigent defendant; assignment of counsel; payment tosupplemental public defender services fund
    Sec. 6. (a) Prior to the completion of the initial hearing, thejudicial officer shall determine whether a person who requestsassigned counsel is indigent. If the person is found to be indigent, thejudicial officer shall assign counsel to the person.
    (b) If jurisdiction over an indigent defendant is transferred toanother court, the receiving court shall assign counsel immediatelyupon acquiring jurisdiction over the defendant.
    (c) If the court finds that the person is able to pay part of the costof representation by the assigned counsel, the court shall order theperson to pay the following:
        (1) For a felony action, a fee of one hundred dollars ($100).
        (2) For a misdemeanor action, a fee of fifty dollars ($50).
The clerk of the court shall deposit fees collected under thissubsection in the county's supplemental public defender servicesfund established under IC 33-40-3-1.
    (d) The court may review the finding of indigency at any timeduring the proceedings.
As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.216-1996,SEC.11; P.L.98-2004, SEC.139.

IC 35-33-7-7
Order of release not to bar further proceedings
    Sec. 7. An order releasing a person under this chapter does not barfurther proceedings in the case.As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982,P.L.204, SEC.15.