§ 34-25.5-5-2 When persons not to be discharged from order of commitment

Codes > Indiana Code > Title 34 > Article 25.5 : Chapter 5 > 34-25.5-5-2 When

34-25.5-5-2 When persons not to be discharged from order of commitment

    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

        (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.