Transfer to proper county or court with proper jurisdiction;
mistake in charge of proper offense or guilt of offense not charged;
discharge without prejudice
Sec. 5. (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.
Last modified: May 24, 2006