Current with changes from the 2024 legislative session, Chs. 3, 6-496, effective on or before 7/1/2024
Section 538 - Effect of sustaining motion to quashThe court shall order the defendant discharged from custody or bail, as to that charge, when it sustains a motion to quash based upon the ground that:
(1) The offense is not punishable under a valid statute;(2) Trial for the offense charged would constitute double jeopardy;(3) The time limitation for the institution of prosecution or for the commencement of trial has expired; or(4) The court has no jurisdiction of the offense charged. In other cases, when a motion to quash is sustained, the court may order that the defendant be held in custody or that his bail be continued for a specified time, pending the filing of a new indictment.