Your Right to a Speedy Trial in Indiana: Criminal Rule 4 Explained
If you’ve been charged with a crime in Indiana, how long can the state hold you before trial?
The right to a speedy trial is a fundamental legal protection, but many defendants don’t realize they can enforce it. Indiana’s Criminal Rule 4 provides clear timelines for how long a person can be held before trial—and if the state takes too long, you could be released or have your case dismissed.
📞 Need help enforcing your speedy trial rights? Call Vining Legal at (317) 759-3225 or schedule a consultation.
What Is the Right to a Speedy Trial?
The Sixth Amendment to the U.S. Constitution guarantees the right to a speedy trial to prevent:
✔️ Indefinite detention without trial
✔️ Unfair delays that weaken a defense
✔️ Emotional and financial hardship from prolonged charges
💡 Key Takeaway: If your case takes too long to go to trial, you may have grounds for dismissal.
Indiana Criminal Rule 4: The Three Key Speedy Trial Rules
Indiana Criminal Rule 4 establishes three main deadlines that prosecutors must follow.
RuleWho It Applies ToTime LimitWhat Happens If Time Runs Out?Rule 4(A): The Six-Month RuleDefendants in jail, awaiting trial6 monthsReleased from jail (but case continues)Rule 4(B): The 70-Day RuleDefendants in jail who request an early trial70 daysCase is dismissed with prejudice (cannot be refiled)Rule 4(C): The One-Year RuleAll defendants (in or out of custody)1 yearCase is dismissed with prejudice
Rule 4(A): The Six-Month Rule (For Defendants in Jail)
✔️ If a defendant is held in jail while waiting for trial, the state must bring them to trial within six months (180 days).
✔️ This rule only applies to defendants in custody—not those out on bail.
✔️ If the state misses the deadline, the defendant must be released from jail but can still be prosecuted.
🚨 Exceptions (When the Clock Stops):
The defendant causes delays (filing motions, requesting continuances, etc.).
Court congestion or emergencies delay the trial.
📌 Example: A defendant is arrested in January and remains in jail. If the case hasn’t gone to trial by July, the defense can file a motion for release.
💡 Key Takeaway: Rule 4(A) gets defendants out of jail but does NOT dismiss the charges.
Rule 4(B): The 70-Day Rule (Early Trial Request for Defendants in Jail)
✔️ If a defendant in jail files a motion for a speedy trial, the state must bring them to trial within 70 days.
✔️ If the state fails to meet this deadline, the case is dismissed with prejudice—meaning it cannot be refiled.
🚨 Exceptions (When the Clock Stops):
The defendant requests a delay.
Court scheduling conflicts make trial impossible within 70 days.
📌 Example: A defendant in jail files a motion for a speedy trial on March 1. The state must bring them to trial by May 10—or the case must be dismissed forever.
💡 Key Takeaway: Rule 4(B) is a powerful tool for getting a case dismissed if prosecutors delay trial.
Rule 4(C): The One-Year Rule (For All Defendants)
✔️ All criminal cases must go to trial within one year of the charges being filed—whether the defendant is in jail or out on bail.
✔️ If the state fails to bring the case to trial within a year, the charges must be dismissed with prejudice.
🚨 Exceptions (When the Clock Stops):
Delays requested by the defendant (continuances, pretrial motions, etc.).
Court congestion or scheduling conflicts.
📌 Example: A defendant is charged with a felony on March 1, 2024. If no trial occurs by March 1, 2025, the case must be dismissed permanently—unless delays were caused by the defense.
💡 Key Takeaway: Rule 4(C) applies to all cases and protects against excessive delays.
Rule 4(D): The 90-Day Extension (Unavailable Evidence Exception)
✔️ The state can get a 90-day extension if essential evidence is temporarily unavailable (e.g., a key witness is in the hospital).
✔️ The prosecution must prove the evidence is truly unavailable and will be ready within 90 days.
📌 Example: A murder trial is delayed because a key forensic expert is unavailable. The prosecution requests a 90-day extension to wait for the expert’s testimony.
💡 Key Takeaway: Rule 4(D) prevents dismissals when critical evidence is temporarily unavailable.
How Speedy Trial Rules Can Help Your Defense
A skilled criminal defense attorney can use Indiana’s speedy trial rules to:
✔️ Force the state to move quickly or drop the case.
✔️ Get a defendant released from jail.
✔️ Dismiss charges if prosecutors miss deadlines.
📞 Need to enforce your speedy trial rights? Call Vining Legal at (317) 759-3225 or schedule a consultation.
Conclusion: Protecting Your Right to a Speedy Trial
✔️ Indiana Criminal Rule 4 sets strict deadlines for bringing cases to trial.
✔️ Defendants in jail can demand a trial within 70 days or be released after six months.
✔️ All defendants must be tried within one year—or the case must be dismissed.
✔️ A defense attorney can use speedy trial violations to fight for your freedom.
📅 Charged with a crime? Don't let the state delay your case. Schedule a consultation today.
