Delaware County, Indiana

Frequently Asked Questions

Will the defendant be released pending his/her trial?  In Indiana, with the exception of most murder defendants, each defendant will be assigned a bond by a judge.  Many times, this happens upon the defendant’s arrest without the knowledge of the victim or the victim’s family.  Sometimes defendants can petition the court for a lower bond.  A hearing is then set and a judge could lower the bond at that time.

I have questions.  Can I meet with the prosecutor before trial?  First, write down your questions as you think of them.  Some people find it helpful to keep a notebook or a journal.  Second, work with your victim advocate to find the best time to meet with the prosecutor.  Finally, bring your notebook to the meeting with you.  There are some questions that the prosecutor will not be able to answer because of the evidence in the case.  Sadly, there are still more questions that can never be answered such as “Why did this happen?”

I would like to attend court hearings and trial.  Where do I go and how do I find out what the dates are?  All hearings and trials in felony cases will take place at the Delaware County Justice Center located at 100 W. Washington Street, Muncie, IN 47305.  Cellular phones are not permitted inside the building so be sure to leave them in your vehicle.  Misdemeanor cases are heard at the Muncie City Court which is located in the Muncie City Hall at 300 N. High Street, Muncie, IN 47305.

Is there a webpage where I can find out what is happening in my case? Yes. Click on the following link mycase.com. From that web page you can search your case by the Defendant’s name or the cause number.  Once you find your case, you will be able to read the Chronological Case Summary that lists, in chronological order, every motion that is filed, every order that is entered and a summary of every hearing that is held.   Access to this webpage is free of charge.

Will I be able to sit in the courtroom during the trial?  Yes, but only if you are not a testifying witness in your case.  After a witness testifies and is released from their subpoena, the judge may permit the witness to remain in the courtroom for the remainder of the trial.  Your prosecutor or advocate will be able to give you more information.

How long will it take before there is a trial?  Why does my case keep getting continued?  Although continuances of trial dates are very frustrating and discouraging, continuances can occur for many reasons.  With the exception of a speedy trial request, cases filed in felony court could take between 9 and 16 months to be resolved.  Sometimes, however, the process can go on much longer, depending on the special circumstances involved in each case. 

I’m moving.  Do I need to tell your office?  YES.  Please immediately call your victim advocate or prosecutor’s office investigator assigned to your case with any new address and phone numbers to ensure that you can be notified of court hearings and case status information.  It is your responsibility to keep your contact information current with our office at all times. 

My family has made tee shirts and buttons with my loved ones’ picture.  Can we wear these to trial?  Unfortunately, the law does not allow you to wear them during trial. 

What should I wear to the courthouse?  Wear comfortable clothing.  You will find that days at the courthouse can be very long, especially during trial.  Most find that business casual attire is appropriate.

Can I make a Victim Impact Statement at Trial?  The law does not permit a victim impact statement at trial.  However, if the defendant is convicted of the charges, you have the right to make a written or oral Victim Impact Statement at the sentencing hearing.  Contact your victim advocate if you have questions or would like information regarding Victim Impact Statements.

What is a pretrial conference and is it mandatory that I attend?  A pretrial conference is not the actual trial and your attendance is optional.  It is a brief conference between the judge, prosecutor, and defense counsel.  A pretrial conference is designed for organization and scheduling purposes, court verification of discovery, the confirmation of a trial date, and setting additional pretrials if necessary.  It is important to note that the court will schedule a pretrial in your case for the same time that many other cases are set.  If you decide to attend a pretrial, please be aware that it could possibly take more than an hour before your case is called.

 Can my family communicate with you and receive case status updates via email?  Yes.  If you have access to email, this is the most convenient way to communicate with your advocate.  In most instances, victim advocates check their email several times a day.  Email can be especially convenient for those people who have a large number of family members and friends interested in following your case, people who have difficulty accessing a phone during business hours, and people who live outside of Indiana.

I want my loved one’s personal property back.  Can I get these personal effects?  It depends.  If your loved one’s property is part of the evidence in the criminal case, it may or may not be returned.  Contact the prosecutor assigned to your case or your victim advocate for further information regarding your particular case.  After final disposition of the case, any return of property must be coordinated with the law enforcement agency who investigated your case.

I will need to take off work to attend court.  Can you give me a letter to give to my employer?  If you are subpoenaed to court, your employer is required by law to excuse you from work to attend court.  However, if you have not received a subpoena, or are not listed as a witness, you will need to make prior arrangements with your employer.  Your victim advocate can provide you with a letter.

I have incurred medical bills or counseling fees and have no insurance to cover them.  Will the Prosecutor’s Office pay for them?  Our office does not have funds to pay for hospital bills or counseling fees of victims, however there is a fund called the Violent Crime Compensation Fund for those victims who don’t have medical insurance.  Victim advocates do not decide whether or not your claim is approved for financial assistance or how much you may be awarded.  Those decisions are made in Indianapolis by a case worker.  Your advocate can, however, provide you with an application and assist you in completing it, upon request. 

I am having a difficult time coping with day to day life after the violent crime.  How can my advocate help?  Your advocate strives to keep current and accurate referral and resource information available to effectively assist victims.  Upon request, your advocate can provide you with referrals to other agencies and crisis centers that provide various services to crime victims.  Victim advocates are available to help you.  Don’t hesitate to call!

Can I bring my children to court?  It is often best to plan for child care in advance for the days you plan to be in court.  Many times young children are a distraction to the proceedings and judges may order them removed from the courtroom.  You can discuss this in greater detail with your victim advocate.