South Bend, Ind. On Wednesday, a judge decided to let a charge of feticide stand against 33-year-old Purvi Patel.
Her attorney had asked that it be dropped, saying he couldn't prepare a defense in time for her September 29 trial.
The trial was delayed, and now a new trial date has been set for January 26.
Patel is also charged with neglect in the baby's death.
Patel allegedly was seven months into her pregnancy when she took drugs to end it, but the baby was born alive.
The child's body was found in a dumpster behind her family's restaurant in July of 2013.
If convicted, she could get up to 20 years for the feticide charge and 50 years for the neglect charge.