Understanding the Criminal Justice System
On January 1, 2024, a new set of criminal procedure rules became effective for Indiana state court criminal proceedings. While procedural rules don’t normally attract the kind of attention or interest that criminal statutes do, in this case, there are some important changes that should benefit defendants across the state.
The new rule 2.5 introduces an “automatic” discovery requirement that applies to the prosecution (as well as to the defense). It requires the prosecutor in a criminal case to disclose a number of different types of information to the defense within 30 days of the date of the initial hearing in the case. There is no requirement that the defense ask for the information; prosecutors are required to turn it over whether it’s been requested or not. The types of information that prosecutors are required to disclose include:
– Names and contact information for witnesses that the government “intends to call as witnesses,” along with the witnesses’ “relevant written or recorded statements.” The rules allow the government to withhold names and contact information where the prosecutor “in good faith believes” that disclosing that information could “jeopardize the safety of the witness” or their immediate family. In that case, the state is required to make the
witness available to the defense attorney “upon reasonable notice.”
– Written, oral, or recorded statements made by the defendant or by a co-defendant.
– Transcripts from the grand jury that contain testimony of witnesses the prosecution intends to call at trial.
– Expert reports made in connection with the case.
– Any documents, photos, videos, or tangible objects that the prosecutor intends to use at trial, as well as any of those types of materials obtained from the defendant.
– Information prosecutors have that tends to “negate the guilt of the accused,” or that would “tend to reduce the punishment.”
– Prior conviction information for the state’s witnesses.
– “Unprivileged information not covered by” the rule, but only if the defense asks for it and can show that the requested information is “material to the preparation of the defense.” The defense must similarly disclose its intended witnesses, documents, and other material things the defense intends to use as evidence, along with expert reports that may be used at trial.
In the past, a stenographer had to be present at a deposition to record and create a written transcript of the questions asked and answers given at the deposition. This was and is an expensive process; court reporters must be paid to sit through the deposition, recording every word that’s spoken, and then process their work into a readable, written format. A typical deposition transcript can easily cost hundreds of dollars or more. When a defendant wishes to depose witnesses before trial, the cost to do so could be prohibitive. New rule 2.5(F)(4) now allows depositions to be recorded “without the use of a stenographer.” Instead, the audio of the deposition can be
recorded. This is significantly easier and less expensive than booking and paying for the time of a stenographer and should help defendants who wish to depose witnesses before trial.
New Rule 3.1(B)(3) prohibits the government from requesting a jury trial in a misdemeanor case. It leaves defendants with the option of asking for a jury trial or allowing the judge to decide the case. Particularly for low-level misdemeanors, this can speed the resolution of the case, saving defendants a substantial amount of money.
If you are facing criminal charges in Indiana, Razumich & Associates can help. Our attorneys have years of experience defending clients in all types of criminal cases, in courts all across the state. Call us today at 317-449-8661 or use our contact form to schedule a confidential consultation to learn how we can help you protect your rights.
