Indiana Code 35-36-6-4. New prosecution; election of court by defendant; alternative disposition
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Sec. 4. 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:
(2) committed for want of bail;
(1) recognized to appear in the court which he elects;
Terms Used In Indiana Code 35-36-6-4
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Venue: The geographical location in which a case is tried.
(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.
As added by Acts 1981, P.L.298, SEC.5.