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, 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.
Notes of Decisions
Rothgery v. Gillespie Cnty., 554 U.S. 191 (2008).
“725, §5/109-1 (2006); (12) Indiana: see Ind. Code §§ 35-33-7-5 , 35-33-7-6 (West 2004); (13) Iowa: see Iowa Rules Crim.”
May v. State, 502 N.E.2d 96 (Ind. 1986).
· cites it 4× “Ind. Code § 35-33-7-5 . Before recessing the initial hearing, the court must inform a defendant of his right to retained or appointed counsel.”
Hunt v. State, 487 N.E.2d 1330 (Ind. Ct. App. 1986).
· cites it 4× “§ 9-4-7-9 bears a closer resemblance to an initial hearing advisement statute such as Ind. Code Ann. § 35-33-7-5 (Burns Repl. 1985) than to a guilty plea proceeding advisement statute.”
Campbell v. Criterion Grp., 605 N.E.2d 150 (Ind. 1992).
· cites it 2× “See Ind.Code Ann. §§ 35-33-7-5 to 7-6 (West 1986) (assignment of counsel); §§ 35-38-1-18 (West Supp.”
McElroy v. State, 553 N.E.2d 835 (Ind. 1990).
· cites it 2× “In spite of the court’s admonitions, appellant volunteered the above-quoted statements.”
Remsen v. State, 495 N.E.2d 184 (Ind. 1986).
· cites it 2× “The court entered a plea of not guilty, without requesting a plea, and a week later appointed pauper defense counsel.”
Schmidt v. State, 746 N.E.2d 369 (Ind. Ct. App. 2001).
· cites it 4× “Notably, neither the Indiana Constitution nor Indiana Code section 35-33-7-5 gives an accused the right to immediate bail.”
Sawyer v. Clark, 576 N.E.2d 1254 (Ind. 1991).
· cites it 2× “Under the Indiana statute, Ind.Code § 35-33-7-5, the judicial officer presiding at the preliminary hearing must inform the person of the nature of the charge, of his various rights, and that a plea of not guilty is being entered for him.”
Bochner v. State, 715 N.E.2d 416 (Ind. Ct. App. 1999).
· cites it 2× “Ind.Code § 35-33-7-5 (Supp.1997) requires the trial court, at an initial hearing, to inform the defendant of his right to counsel, his right to a speedy trial, his conditions of bail, his privilege against self-incrimination, the nature of the charges against him, and that a…”
Hayre v. State, 495 N.E.2d 550 (Ind. Ct. App. 1986).
· cites it 2× “In fact, all of the trial court's actions were properly conducted in accordance with Indiana Code section 35-33-7-5 (Burns 1985). 2 . Arraignment, under the prior statutory scheme, was construed as a crucial step in the course of criminal proceedings since it was at that…”
Christopher Spahr Brown v. State of Indiana (mem. dec.) (Ind. Ct. App. 2017).
· cites it 2× “The trial court’s actions are consistent with the purpose of an initial hearing: inform a defendant of the nature of the charges against him pursuant to Indiana Code section 35-33-7-5. Further, Brown’s counsel’s absence at the hearing indicates he also treated this hearing as a…”
David Dimmett v. State of Indiana (mem. dec.) (Ind. Ct. App. 2019).
· cites it 2× “Ind. Code § 35-33-7-5 (6). Those charges include the contents of the habitual offender information, which lists Dimmett’s prior unelated felony convictions as class C felony dealing in a controlled substance (2002), class D felony dealing in marijuana (2007), and class B felony…”
— Ind. Code § 35-33-7-5(4) — 1 case
Schmidt v. State, 746 N.E.2d 369 (Ind. Ct. App. 2001).
“Notably, neither the Indiana Constitution nor Indiana Code section 35-33-7-5 gives an accused the right to immediate bail.”
— Ind. Code § 35-33-7-5(6) — 1 case
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