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Subchapter 1 - General Provisions
§ 16-85-101. Right to attorney, physician, and phone calls - (a) While confined and awaiting trial in any prison or...
Subchapter 3 - Information and Bill of Particulars
§ 16-85-301. Bill of particulars - (a) The bill of particulars required by law in criminal...
§ 16-85-302. Information - Whenever a defendant has been held to answer at a...
Subchapter 4 - Indictment Generally
§ 16-85-401. Definition - As used in this code, unless the context otherwise requires,...
§ 16-85-402. Finding of indictment by jurors - (a) The concurrence of twelve (12) grand jurors is required...
§ 16-85-403. Contents - (a) (1) The language of the indictment must be certain...
§ 16-85-405. Sufficiency and errors - (a) (1) The indictment is sufficient if it can be...
§ 16-85-406. Construction of words - The words used in an indictment must be construed according...
§ 16-85-407. Amendment of indictment and filing of bill of particulars - (a) The prosecuting attorney or other attorney representing the state,...
§ 16-85-408. Public inspection and disclosure - (a) When a grand jury indictment for any offense known...
§ 16-85-409. Recording - (a) It shall be the duty of the clerks of...
Subchapter 5 - Grand Jury Proceedings
§ 16-85-501. Appointment of foreman and clerk - (a) The court shall appoint one of the number of...
§ 16-85-502. Minutes - The minutes of the proceedings and evidence shall be delivered...
§ 16-85-503. Scope of inquiry - (a) The grand jury must inquire: (1) Into the case...
§ 16-85-504. Witnesses — Subpoena - (a) The clerk, on the request of the foreman of...
§ 16-85-505. Witnesses — Oath - The foreman of the grand jury shall have power to...
§ 16-85-506. Witnesses — Joint offenders - In all cases where two (2) or more persons are...
§ 16-85-507. Witnesses — Refusal to testify - When a witness, under examination, refuses to testify or to...
§ 16-85-508. Witnesses — Securing testimony of material witnesses - (a) If there is a reasonable belief that a material...
§ 16-85-509. Witnesses — Compensation - (a) It shall be the duty of the foreman of...
§ 16-85-510. Disclosure of media sources - Before any editor, reporter, or other writer for any newspaper,...
§ 16-85-511. Evidence - The grand jury is not bound to hear evidence for...
§ 16-85-512. Persons permitted to be present - No persons except the prosecuting attorney, the court reporter, and...
§ 16-85-513. Indictment - (a) The grand jury should find an indictment when all...
§ 16-85-514. Disclosure of information - (a) Every member of the grand jury must keep secret...
§ 16-85-515. Advice of court or prosecuting attorney - The grand jury may, at all reasonable times, ask the...
§ 16-85-516. Indictment of grand juror - Any grand juror may be indicted by the grand jury...
§ 16-85-517. Special grand jury - (a) At any time a grand jury is not in...
§ 16-85-518. Experts — Expenses - Grand juries may employ experts and other professionals to assist...
Subchapter 6 - Process on Indictment
§ 16-85-601. Definition - As used in this code, unless the context otherwise requires,...
§ 16-85-602. Order of court upon indictment - Upon an indictment's being found, if the defendant is not...
§ 16-85-603. Arrest — Issuance - (a) The process of arrest shall be issued by the...
§ 16-85-606. Issuance of bench warrant discretionary - (a) The court may, at its discretion, order a bench...
Subchapter 7 - Arraignment and Pleading Generally
§ 16-85-701. Definition - As used in this code, unless the context otherwise requires,...
§ 16-85-702. Arraignment for felonies and misdemeanors — Exception - The arraignment shall only be made in indictments for felonies...
§ 16-85-706. Motion to set aside indictment - (a) The motion to set aside the indictment can only...
§ 16-85-709. Pleas generally - There are but three (3) kinds of pleas to an...
§ 16-85-713. Leave of court to enter nolle prosequi - No prosecuting attorney shall enter a nolle prosequi on any...
§ 16-85-714. No contact orders — Definitions - (a) As used in this section: (1) “Court” means a...