Legal Question in Criminal Law in Indiana

Re: statuatory law ( limit of time)

Rule 4 of the Indiana Rules of Criminal Procedure requires that a person who is arrested on a felony charge, who is not in custody, must be brought to trial within one (1) year of the arrest or charge, whichever is later. However, not all time counts against that one year. For example, if the defendant or his lawyer asks to postpone or "continue" the case, the period of time the matter was continued usually does not count against the year. In addition, if the court continues the case on its own because there are other cases on the calendar, the time caused by that delay is called "congestion" and does not count either. You or your attorney would need to determine how much of the time that has past is not attributable to you, or to court congestion and move for discharge of the case, if you can show more than a year has past that is attributable to the State.