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

Indiana Statutes

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

Indiana § 35-36-6-4

Art. 36PRETRIAL NOTICES, MOTIONS, AND

Ch. 6Change of Venue

This text of Indiana § 35-36-6-4 (New prosecution; election of court by defendant; alternative disposition) 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 § 35-36-6-4 (2026).

Text

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. As added by Acts 1981, P.L.298, SEC.5.

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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.
As added by Acts 1981, P.L.298, SEC.5.