Section 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, 2021 Special Session 2