Ind. Code § 35-36-6-4

Current through P.L. 171-2024

Section 35-36-6-4 - New prosecution; election of court by defendant; alternative disposition

If it is necessary to institute a new prosecution for the same offense after a change of venue has been taken, the defendant in the case shall elect, when required to do so by the court, the court in which he prefers the new prosecution to be instituted. He may choose either the court from which venue was granted or the court to which venue was granted, and, after his choice, further prosecution shall be instituted in that court. The defendant may then be:

(1) recognized to appear in the court which he elects;

(2) committed for want of bail;

(3) detained in custody; or

(4) remanded to the county from which the change was taken;

as the case may require and in accordance with the defendant's choice of courts.

IC 35-36-6-4

As added by Acts1981 , P.L. 298, SEC.5.