Sec. 9. (a) In a criminal prosecution, if a change of
venue has been taken from the county in which the prosecution originated, the prosecuting
attorney from the original county shall
prosecute the case in the
trial court to which the case was venued. The trial court to which the case was venued may appoint a prosecuting attorney to assist on the case.
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Terms Used In Indiana Code 35-36-6-9
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Venue: The geographical location in which a case is tried.
(1) request the original trial court to furnish another pauper counsel;
(2) appoint pauper counsel of its choice; or
(3) request the public defender of the state of Indiana to provide counsel under IC 33-40-2.
(c) The original trial court shall determine the amount of the fee and the expenses incurred by the pauper counsel and shall order the appropriate reimbursement to be paid to him by the county in which the prosecution originated. The fees and expenses of a public defender appointed under IC 33-40-2 shall be paid in accordance with that chapter.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.98-2004, SEC.147.
