Sec. 13. (a) Upon motion of the prosecuting attorney, the court shall order the dismissal of the indictment or information. The motion may be made at any time before sentencing and may be made on the record or in writing. The motion shall state the reason for dismissal.
(b) In any case where an order sustaining a motion to dismiss would otherwise constitute a bar to further prosecution of the crime charged, unless the defendant objects to dismissal, the granting of the motion does not bar a subsequent trial of the defendant on the offense charged.
As added by Acts 1981, P.L.298, SEC.3. Amended by Acts 1982, P.L.204, SEC.22.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 34. Bringing Criminal Charges
Chapter 1. Indictment and Information
35-34-1-1. Commencement of Prosecution; Filing; Sealing; Violation
35-34-1-2. Contents; Requisites; Form
35-34-1-2.5. Prior Convictions
35-34-1-3. Illegible or Lost Indictment or Information
35-34-1-4. Motion to Dismiss by Defendant; Grounds; Requisites; Disposition; Effect of Order
35-34-1-5. Amendment of Charge; Procedures; Limitations
35-34-1-6. Defective Indictment or Information; Dismissal; Exceptions
35-34-1-7. Grand Jury Proceedings; Violation of Ic 35-34-2; Dismissal
35-34-1-9. Joinder of Offenses or Defendants
35-34-1-11. Severance of Offenses or Separate Trial of Defendants Joined
35-34-1-12. Motion for Severance or Separate Trial; Time; Waiver or Bar
35-34-1-13. Motion to Dismiss by Prosecuting Attorney
35-34-1-14. Pleading Special Matters; Sufficiency
35-34-1-15. Incorrect Name of Defendant Immaterial
35-34-1-16. Perjury; Requisites
35-34-1-17. Forgery; Misdescription of Instrument Destroyed or Withheld by Defendant Immaterial