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Q: ciminal law Question State of Indiana ( Answered 4 out of 5 stars,   0 Comments )
Question  
Subject: ciminal law Question State of Indiana
Category: Reference, Education and News
Asked by: aaanorth-ga
List Price: $5.00
Posted: 15 Oct 2005 16:36 PDT
Expires: 14 Nov 2005 15:36 PST
Question ID: 580741
My question pertains only to Indiana state criminal law.
Can a person be convicted of a crime by default? meaning the individual did
not show up to court, therefore is convicted of the
charges.
Answer  
Subject: Re: ciminal law Question State of Indiana
Answered By: tutuzdad-ga on 15 Oct 2005 17:02 PDT
Rated:4 out of 5 stars
 
Dear aaanorth-ga;

Thank you for allowing me an opportunity to answer your interesting question. 

In the United States a criminal defendant cannot be tried and
convicted in absentia, unlike a civil defendant, who can, through his
failure to answer a summons, be adjudged liable for the civil damages
and penalties alleged against him.

??a criminal defendant cannot be tried in absentia (unlike a civil
defendant, who can have a default judgment entered against him if he
does not appear and defend himself)??
LAW FIRM OF DWYER & COLLORA
http://www.dwyercollora.com/article.cfm?cmf_id=392

Typically, what happens in most states (and Indiana is no exception)
is that when a defendant fails to appear for a criminal trial a ?bench
warrant? or a summons is issued for his or her arrest for ?failure to
appear?. That person, when located by authorities, will be taken into
custody and is often held without bond until his trial on the original
charges. In addition, the defendant faces new charges of contempt of
court and can be heavily fined or imprisoned for a time for that
offense, in addition to a potential conviction of the earlier charges.

INDIANA CODE
IC 35-33-4
Chapter 4. Summons and Promise to Appear in Lieu of Arrest Warrant
http://www.in.gov/legislative/ic/code/title35/ar33/ch4.html

INDIANA CODE
IC 14-22-39
Chapter 39. Enforcement
http://www.in.gov/legislative/ic/code/title14/ar22/ch39.html


I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise, I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad ? Google Answers Researcher


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Indiana 

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Absentia

Failure to appear
aaanorth-ga rated this answer:4 out of 5 stars

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