Criminal Justice System
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Boone County, State of Indiana, Prosecutors Office
Q: What is an arrest warrant?
A: A warrant is an order signed by a Judge authorizing the police to arrest a person believed to
have committed a crime.
Q: What happens after a person (the defendant) has been arrested?
A The defendant is brought before the court for an initial hearing. The defendant is given a copy
of the charging information. The charge is read out loud by the Judge. Normally, the Judge
automatically enters a plea of "not guilty." A bond is then set; a determination is made as to the
defendant's ability to pay for an attorney. If the defendant is unable to pay for an attorney, the
court will appoint one. Finally, the court will set pretrial conference and jury trial dates.
Q: How is a charge filed?
A: Generally, a person is charged with a crime after a police officer refers a report to the
Prosecutor, or a citizen files a complaint directly with the Prosecutor's Office. The Prosecutor,
or one of his Deputies, reviews the report and makes a determination if:
1. 1) a crime has been committed, and
2. 2) if sufficient evidence exists to prove beyond a reasonable doubt that the person
committed the crime.
If the Prosecutor determines that sufficient evidence exists to charge a person with a crime,
then he may file an "information', which is the document formally charging the defendant with a
crime. The decision of whether or not to charge a person with a crime and what charge to file
rests solely with the Prosecutor. Although the Prosecutor will consider input from the police or
the victim, the decision to charge si the Prosecutor's alone.
Q: What is a pretrial conference and do I need to attend?
A: A pretrial conference is held to determine if there are any motions which need to be ruled on;
make sure the prosecutor and the defense attorney have exchanged appropriate documents;
and basically make sure that everyone is on track for the trial. Many times pretrial conferences
are handled by conference calls; however, some Judges require a formal pretrial conference at
which the defendant is required to appear. The victim does not need to appear.
Q: What is the difference between a bench trial and a jury trial?
A: A bench trial is a trial before a Judge without a jury. A jury trial is a trial before a Judge with a
jury consisting of either six or twelve jurors (with alternates).
Q: If I receive a subpoena do I have to attend the trial?
A: Yes. Approximately one to two weeks prior to the scheduled trial date you should receive a
subpoena to appear in court.
Q: What is a subpoena?
A: A subpoena is a court order which instructs the recipient to appear in court at a designated
date and time.
Q: What happens if I ignore the subpoena and/or otherwise fail to appear in court
as ordered?
A: The court may issue a warrant for your arrest for failure to appear.
Q: Am I allowed to be present in the courtroom during the trial?
A Only if there is no "separation of witness order." Usually witnesses are not allowed to be in
the courtroom until after they have finished testifying. You should ask the prosecutor handling
your case if a separation order has been filed.
Q: How will I know if the trial date has changed?
A: We will attempt to notify you as soon as we become aware of any changes. However, your
subpoena provides you with a contact person and telephone number to call the day before you
are scheduled to appear in court. At that time you will be informed if the trial date has changed.
Q: What happens if someone tries to intimidate me into dropping the charges
and/or not testifying?
A: Intimidating, threatening and/or harassing a state's witness is a criminal offense. You should
immediately contact the police officer or detective in charge of your case. An arrest warrant
may be issued and the defendant's bail could be revoked. The defendant would then remain
incarcerated during the pendency of the trial.
Q: What if the defendant's attorney or some other individual acting on behalf of the
defendant contacts me about the case?
A: These individuals have the right to contact you; however, you also have the right not to talk
with them. We request that you contact the prosecutor handling your case prior to talking with
anyone acting on behalf of the defendant. We prefer that you only do so in our presence. You
should also always ask for identification from the individual(s) wanting to talk to you.
Q: What if I decide to drop the charges and/or not to testify?
A: You cannot drop charges - only the prosecutor may do so. You may forward a written
statement to the prosecutor handling your case stating the reasons for wanting the charges
dropped for the prosecutor's review and consideration. If you choose not to testify, you may
jeopardize the case which could ultimately result in the defendant going free.
Q: What happens if the defendant either pleads guilty or is found guilty by a judge
or jury?
A: The case will be set for sentencing, usually about thirty days from the date of the guilty plea.
Sometimes a defendant will waive the thirty day period. During this time the probation
department will prepare a Pre-Sentence Investigation Report (PSI Report). The probation officer
assigned to the case should contact all victims and ask for their input and feelings about the
defendant.
Q: What is restitution?
A: The court may order a person convicted of a crime to make restitution to the victim, the
victim's estate, or to the family of a victim who is deceased for certain expenses related to the
crime.
Q: What expenses can be reimbursed?
A: The court may consider property damages; medical and hospital expenses; lost earnings
and funeral, burial or cremation costs.
Q: Do I need documentation?
A: Requests for restitution should be documented with receipts and/or estimates. For lost
wages a wage loss letter is required from the victim's employer and should be on the
employer's letterhead.
Q: How do I request restitution?
A: You should submit all documentation of uninsured expenses relating to the crime to the
Prosecutor's Office as soon as possible. The Prosecutor must have the documentation prior to
the defendant being sentenced.
Q: What is a Victim Impact Statement?
A: You have a right to make an oral or written statement to the Court after the defendant is
convicted but before the defendant is sentenced about how you were affected by this crime -
emotionally, physically and financially. The statement may also include your feelings as to what
punishment you think is appropriate for the crime committed, including restitution.
Q: When do I submit my Victim Impact Statement?
A: Once a defendant has either entered into a guilty plea or been convicted at a trial the case
moves on to a sentencing hearing. Your Victim Impact Statement MUST be received prior to the
sentencing hearing. If you wish to be present at the sentencing hearing to orally present your
statement, please contact the Victim/Witness Coordinator and/or the Prosecutor assigned to
your case so that the Prosecutor is aware of your desire to address the Court.
Q: What about insurance?
A: The Court has the final say as to whether or not restitution will be ordered in a case. If you
have insurance, you may want to submit your claim for any losses to your insurance carrier.
Any uninsured expenses may then be requested as restitution.
Q: What happens after restitution is ordered?
A: All restitution payments are to be made through the Boone County Probation Office. They
will then issue a check to the victim(s). It is the victim's responsibility to notify the Probation
Office of any change in address.
Q: What if the defendant doesn't pay?
A: You should contact the County Probation Department and advise the defendant's probation
officer of the defendant's failure to pay. If the defendant has not paid restitution in full by the
time the defendant is off probation, the restitution order becomes a judgment lien. You should
contact a private attorney for advice on collecting on the judgment.
Q: What is a protective order?
A: A protective order is a court order which instructs the defendant to have no contact, direct or
indirect, with a victim, a witness, or a member of the victim's or witness' household.
Q: Do I need an attorney to get a protective order?
A: It is not necessary to have an attorney to get a protective order, but you can if you wish.
Q: How do I get a protective order?
A: There are two types of protective orders - a civil protective order and a protective order
issued through a criminal case.
A civil protective order can be obtained from the local County Clerk's Office for about $35.00.
However, if someone is in need of a protective order but cannot afford one, they can file an
Affidavit of Indigency and still obtain a protective order. A Restraining Order, similar to a
Protective Order, can be requested in connection with a Dissolution of Marriage proceeding.
A protective order issued through a criminal case is free. This order is prepared by the
Prosecutor's Office and is issued as a condition of the defendant's pretrial release or Probation.
Once the protective orders have been filed, a copy will be distributed to the local County
Sheriff's Department and any other municipalities which need to be aware of the protective
order.
Q: How long is the Protective Order valid?
A: A civil protective order is valid for one year from the date it is issued. The order may be
renewed for up to one additional year if proved necessary.
A protective order issued as a result of criminal proceedings is valid during the pendency of the
case. Once the case is closed (either by conviction or acquittal) the protective order as a
condition of pretrial release must be terminated. However, if the defendant is convicted, a new
protective order as a condition of Probation may be issued. This protective order is valid for the
duration of the defendant's Probation. Once the defendant is no longer serving his sentence,
the protective order must be terminated. At this time, if you still desire a protective order against
the defendant, you must request a civil protective order.
Q: Once I get my protective order, what should I do with it?
A: You should always carry a copy of the protective order with you. If the defendant would
happen to violate the protective order and the police are called to respond, you will have your
copy to show the police officer. If you have a Protective Order for your child which prevents the
Defendant from visiting daycare or school, make sure to provide them with a copy as well.
Q: What if the defendant violates the protective order?
A: You should immediately contact your local law enforcement agency and advise them that
you have a protective order and that the defendant is violating it. An officer should investigate
the complaint and the defendant may be arrested or issued a citation and summonsed to court.
If the defendant violates a protective order issued as a condition of his pretrial release, the
defendant's bond may be revoked and the defendant would remain incarcerated until the trial.
A violation of a protective order also constitutes a separate crime known as "Invasion of
Privacy". The Prosecutor may file a charge of Invasion of Privacy, resulting in the Defendant's
rearrest and an additional sentence of up to 180 days in jail.
Q: What if I don't want the protective order issued by the Court?
A: You should submit a written request to the Court assigned to your case stating your reasons
for wanting the protective order terminated. Some Courts require that you appear and testify in
order to have the Protective Order removed. However, please keep in mind that the protective
order was issued for the safety and well-being of the victim and/or victim's family. It also gives
the Prosecutor something to work with if the defendant violates the protective order. Finally,
only the Judge has the power to terminate a Protective Order.
Prosecutors Office, here is a link to their site!
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