Indiana § 35-32-2-5 Transfer to proper county or court with proper jurisdiction; mistake in
charge of proper offense or guilt of offense not charged; discharge
without prejudice

Indiana Statutes

§ 35-32-2-5 — Transfer to proper county or court with proper jurisdiction; mistake in charge of proper offense or guilt of offense not charged; discharge without prejudice

Indiana § 35-32-2-5

Art. 32GENERAL PROCEDURAL PROVISIONS

Ch. 2Venue

This text of Indiana § 35-32-2-5 (Transfer to proper county or court with proper jurisdiction; mistake in charge of proper offense or guilt of offense not charged; discharge without prejudice) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-32-2-5 (2026).

Text

(a)When it appears, at any time before verdict or finding, that the prosecution was brought in an improper county, the court shall order that all papers and proceedings be certified and transferred to a court with jurisdiction over the offense in the proper county and, when necessary, order the sheriff to deliver custody of the defendant to the sheriff of the proper county.

(b)When it appears at any time before verdict or finding, that a mistake has been made in charging the proper offense, or that the defendant is guilty of an offense not charged, such defendant shall not be discharged, if the court finds probable cause that the defendant committed an offense.

(c)When it appears at any time before verdict or finding that the prosecution was brought in a court without jurisdiction over

Free access — add to your briefcase to read the full text and ask questions with AI

(a) When it appears, at any time before verdict
or finding, that the prosecution was brought in an improper county, the
court shall order that all papers and proceedings be certified and
transferred to a court with jurisdiction over the offense in the proper
county and, when necessary, order the sheriff to deliver custody of the
defendant to the sheriff of the proper county.
(b) When it appears at any time before verdict or finding, that a
mistake has been made in charging the proper offense, or that the
defendant is guilty of an offense not charged, such defendant shall not
be discharged, if the court finds probable cause that the defendant
committed an offense.
(c) When it appears at any time before verdict or finding that the
prosecution was brought in a court without jurisdiction over the subject
matter of the offense charged, the court shall order that all the papers
and proceedings be certified and transferred to a court with jurisdiction
over the subject matter in the proper county.
(d) When a jury has been impaneled or the cause submitted in any
case contemplated in subsection (a), (b), or (c), such jury may be
discharged or submission set aside without prejudice to the
prosecution.
As added by Acts 1981, P.L.298, SEC.1.