What to Expect

What happens next

It was when the police car door slammed shut that the reality of your situation really started to sink in. Or, was it when you were standing at the book-in counter at the jail, and the Sheriff’s deputy completed the book-in process? No matter when it happens, reality hits like a ton of bricks at some point, and you realize, with a shock: “I am in completely uncharted waters!” This thought is closely followed by an anxious: “What is going to happen next?!?”

1. An advice of rights hearing (if you were arrested and the charges haven’t been filed yet).
2. An initial hearing (this only happens once the charges have been filed).
3. A pretrial conference (this is typically just a conference between the prosecutor’s office attorney and you or your attorney). There may be multiple of these before a case moves on to get completed.
4. A final pretrial conference or status conference.
5. A jury trial date will be set.

Let’s go through each one of these hearings, to take the mystery out of them, so you can feel more comfortable knowing what is in store for you.

Advice of Rights Hearing

This type of hearing will only take place, if ALL of the following apply to you: (1) You have been arrested; (2) you remain in custody on the next Court session day after your arrest; and (3) the prosecutor’s office has NOT prepared and filed the formal charges against you as of the next date the Court is in session.

If ALL of those things apply to your case, then the Court will hold an advice of rights hearing, where the following things are supposed to happen:

1. The Court is to inform you of the charges that the prosecutor is expected to bring against you.
2. The Court is to review information, provided by the prosecutor, to determine if probable cause exists. This “information” typically comes in the form of a police report, and should be verified (meaning the author of the report has signed under the pains and penalties for perjury that the information contained in the report is true).
3. If the Court determines that there IS probable cause, then the Court can require you to post a bond. If the Court cannot make this determination (because the prosecutor doesn’t provide the information, or because the Court reviews and determines there is NOT probable cause to believe you committed the offense(s) the prosecutor is alleging you committed), then the Court is required to release you on your own recognizance, but may set a date for you to return to Court to have an initial hearing.

Arraignment/Initial Hearing

Once formal allegations (an Information or Indictment) have been filed in Indiana, your first real hearing where anything of substance takes place is the “arraignment” or the “initial” hearing. At the arraignment hearing the court formally tells you what you’re accused of and explains your rights in a criminal case.

An arraignment isn’t a trial. It’s not where guilt or innocence is decided. Instead, it’s a procedural safeguard—an official, required step to make sure are clearly told a few different things:

• Exactly what you’ve been charged with.

• Your rights under the law.

• What plea you intend to enter.

In Indiana, the arraignment is sometimes called an “initial hearing,” especially in misdemeanor and lower-level felony cases. But, no matter what it’s called, the court’s responsibilities are the same: to make sure you’re informed and that your constitutional rights are protected.

What the Court Must Do at an Arraignment

In Indiana Under Indiana law the judge must do a number of things during your arraignment. Let’s talk about each one in turn:

1. Formally Advise You of the Charges.

The court must read, or at least clearly summarize, the criminal charges filed against you. This means you’ll hear:

• The exact offense(s) you’re accused of.

• The classification of the offense (misdemeanor or felony, and which level).

• The statute or law the state says you violated.

If you don’t understand the wording, you have the right to ask the judge to explain it in plain language. You are entitled to know exactly what the state is claiming—not just some vague accusations.

2. Explain Your Rights

The judge must tell you about your constitutional and procedural rights, including:

• Your right to an attorney.

• Your right to remain silent.

• Your right to a jury trial, at which you are presumed to be innocent.

• Your right to confront and cross-examine witnesses.

• Your right to require the state to prove guilt beyond a reasonable doubt.

• If you can’t afford an attorney, the judge must explain how you can request a public defender.

In Indiana, this usually involves filling out a financial affidavit so the court can determine whether you financially qualify for appointed counsel.

3. Inform You of the Potential Penalties

The court must tell you the maximum possible sentence and fines for the charge(s). This isn’t to scare you—it’s just so you fully understand the stakes before making any decisions about your case.

4. Take Your Plea

At the arraignment, the judge may you to enter a general plea. In Indiana that means:

• Guilty, or

• Not guilty

If you don’t have an attorney, it is usually best to plead NOT GUILTY at this stage. In most courts, the trial judge will automatically enter a not guilty plea on your behalf, which keeps all your legal options open while you get legal advice.

5. Set Bail or Conditions of Release

If you are in custody, the judge will address whether you can be released before trial and under what conditions. This may involve:

• Setting a bail amount.

• Granting release on your own recognizance (no money required, but with certain conditions).

• Placing restrictions such as no-contact orders or travel limits.

In determining what amount of bond is appropriate to secure your release, Indiana courts are required to consider factors like the seriousness of the offense, your criminal history, and the risk of you not returning to court.

6. Schedule Future Court Dates

The judge will give you the date for your next court appearance, which may be a pretrial conference, motion hearing, or trial date depending on the type case.

Your Role at the Arraignment

It’s natural to feel like everything is out of your control in an arraignment, but you do have a voice. Here’s what you can do to protect yourself:

• Ask for clarification if you don’t understand something.

• Avoid discussing facts of the case—anything you say could be used by the prosecution.

• Write down court dates and conditions so nothing slips through the cracks.

• Make your need for an attorney clear if you don’t already have one.

COME BACK TO VISIT, AS I AM UPDATING THIS PAGE RIGHT NOW (Aug. 29, 2025). Thanks for visiting.

Sincerely,

Bob B.