77-17-8. Mistake in charging offense -- Procedure -- Witnesses.
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/ut/title-77/chapter-17/77-17-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 11/16/2021
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 , 2021 Special Session 2