Current through the 2024 Fourth Special Session
Section 77-17-8 - Mistake in charging offense - Procedure - Witnesses(1) If, at any time before verdict or judgment, a mistake is made in charging the proper offense, and there is probable cause to believe that the defendant is chargeable with another offense, the court may: (a) release the individual on the individual's own recognizance, as defined in Section 77-20-102, during the time the individual awaits trial or other resolution of criminal charges;(b) designate a condition, or a combination of conditions, described in Subsection 77-20-205(4), to be imposed upon the individual's release during the time the individual awaits trial or other resolution of criminal charges; or(c) order the individual be detained during the time the individual awaits trial or other resolution of criminal charges.(2) A court may require a witness to post monetary bail, as defined in Section 77-20-102, to ensure that the witness appears in court.Amended by Chapter 4, 2021SP2 General Session ,§ 7, eff. 11/16/2021.Amended by Chapter 431, 2021 General Session ,§ 3, eff. 5/5/2021.Amended by Chapter 185, 2020 General Session ,§ 5, eff. 10/1/2020.Amended by Chapter 4, 1988 Special Session 2