Sec. 2. (a) A person shall not be discharged from an order of commitment issued by any judicial or peace officer:

(1) for want of bail, or in cases not bailable, on account of a defect in the charge or process; or

Terms Used In Indiana Code 34-25.5-5-2

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
(2) for alleged want of probable cause.

     (b) In cases described in subsection (a), the court or judge shall:

(1) summon the prosecuting witnesses;

(2) investigate the criminal charge;

(3) discharge, let to bail, or recommit the prisoner, as may be just and legal; and

(4) recognize witnesses when proper.

[Pre-1998 Recodification Citation: 34-1-57-14.]

As added by P.L.1-1998, SEC.21.