Legal Question in Criminal Law in Indiana

I live in Indiana.

Arrested and charged 12/28/2010, Filed for speedy trial. Defendent asked for a continuance, thus stopping the speedy trial clock. Refiled for speedy trial again - thus restarting the clock on 3/18/2011. Charges dismissed and defendant released on 5/23/11. (I think this means the second speedy trial request, which was granted is now at 66 days). 3 weeks later, the exact same charges were re-filed, same affidavits were used. Does this not mean that they only have 4 days left in the speed trial?

I understand the clock stopped when they dismissed and released him. However, it has already been 66 days. Doesn't the clock start back where it left off? 67..68...69..70

I read Criminal Rule 4,and this is the way I interpret it.

Opinions would be appreciated.


Asked on 7/21/11, 4:34 am

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

If they have put him back in jail, you appear to be correct, but let the Defendant's attorney answer this question for him. Some times there other facts which can also affect this issue.

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Answered on 7/21/11, 8:43 am


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