Summary
When filing motions in Indiana courts, use Times New Roman, 12-point font. An indictment lacking specific details can be challenged for insufficiency. If charged with disorderly conduct, discrepancies in the charge and prosecutors wording may be significant. An insufficient charging instrument can be a defense, as it may not properly inform the defendant of the allegations. For motions to dismiss, resources include the Indiana Judiciary website and legal databases. An evidentiary hearing isnt always required after filing a motion to dismiss; it depends on the case specifics and judges discretion. Word your motion to allow the court to request a hearing if needed. Consider consulting a lawyer for personalized advice and assistance with drafting legal documents.Full Conversation
What is the font style and size recommendations for courts in Indiana when filing motions?
Hi ****! When filing motions in Indiana courts, the common recommendations are:
- Font style: Times New Roman
- Font size: *-point
Is there anything else you need help with related to your filing?
The indictment or information does not state the offense with sufficient certainty. What does this statement mean ?
****, this statement means that the formal accusation (indictment or information) lacks specific details about the alleged offense, making it unclear what exactly the defendant is being charged with. Courts require clear, precise language to ensure the defendant understands the charges against them.
Is there anything specific you need further clarification on regarding this?
Yes, I was charged with Disorderly Conduct - Engages in Fighting or Tumultuous Conduct, Which is Indiana code IC: *-*-*-*(a)(*). However, the wordage from the prosecutor states that I recklessly, knowingly, or intentionally made unreasonable noise and continued to do so after being asked to stop.
****, the discrepancy between the charge and the prosecutor's wording could be significant. Here are some points to consider:
- Indiana Code IC *-*-*-*(a)(*) covers engaging in fighting or tumultuous conduct.
- Your charge mentions making unreasonable noise and continuing after being asked to stop, which may fit under a different subsection of the disorderly conduct statute.
It might be beneficial to consult with a lawyer to explore if this discrepancy could impact your defense. Would you like more information on how to find legal assistance in Indiana?
Wouldn't the insufficiency of the charging instrument be a beneficial defense?
****, an insufficient charging instrument can indeed be a beneficial defense. If the charges lack specific details or don't match the statutory definitions, it can be argued that the defendant wasn't properly informed of the allegations. Consulting with a lawyer can help you explore this defense further. Would you like more information on finding legal assistance in Indiana?
Can you provide me with resources that would have examples of motions to dismiss in Indiana?
Sure, ****! For examples of motions to dismiss in Indiana, you can check the Indiana Judiciary website or legal databases like LexisNexis or Westlaw. You may also find helpful resources at your local law library or through the Indiana Bar Association's website.
Would you like assistance in finding a local law library or accessing specific legal databases?
Once a motion to dismiss is filed, is an evidentiary hearing required after filing said motion in Indiana?
****, an evidentiary hearing is not always required after filing a motion to dismiss in Indiana. The court may decide based on written submissions, or it might schedule a hearing if it deems necessary. It depends on the specifics of the case and the judge's discretion.
Would you like more information on this process?
Should I word it in such a way that if the court determines that an evidentiary hearing is needed that the court can request it?
Yes, you should word your motion to dismiss in a way that allows the court to request an evidentiary hearing if needed. This shows you understand the court's discretion and are prepared to provide further evidence if necessary.
Would you like help drafting that specific wording?
sure!
****, here's a sample wording for your motion to dismiss:
"I respectfully request that the Court dismiss the charges against me on the grounds of insufficiency of the charging instrument. Should the Court find it necessary, I am prepared to participate in an evidentiary hearing to further address this matter."
Would you like any further assistance with your motion?
Yes!
****, here's a suggested wording for your motion to dismiss to allow for the possibility of an evidentiary hearing:
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"In the event that the court deems it necessary, the defendant respectfully requests that an evidentiary hearing be scheduled to present further evidence and arguments in support of this motion to dismiss."
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Would you need any further assistance drafting your motion or any other legal information?
es
****, here's a suggested wording for your motion to dismiss:
"I respectfully request that the Court dismiss the charges against me due to the insufficiency of the charging instrument. Should the Court determine that an evidentiary hearing is necessary to decide this motion, I am prepared to present further evidence and arguments."
Would you like any further assistance with your document?
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