Pretrial responsibilities.

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  • (1)
    • (a) A public prosecutor shall:
      • (i) institute proceedings before the proper court:
        • (A) for the arrest of a person charged with a public offense; or
        • (B) if the prosecutor has probable cause to believe that a public offense has been committed and a grand jury has been convened by a court;
      • (ii) draw all indictments and information for offenses against:
        • (A) the laws of the state occurring within the county; and
        • (B) the criminal ordinances of the county;
      • (iii) cause all persons under indictment or informed against to be speedily arraigned for crimes charged; and
      • (iv) issue subpoenas for all witnesses for the state or for the county in the prosecution of a criminal ordinance.
    • (b) A public prosecutor described in Subsection (1)(a)(i)(B) shall:
      • (i) assist and attend the deliberations of the grand jury; and
      • (ii) prepare all necessary indictments and arrange for the subpoena of witnesses to appear before the grand jury.
  • (2) The public prosecutor may:
    • (a) examine as to the sufficiency of an appearance bond that may be tendered to the court; and
    • (b) upon a court order:
      • (i) institute proceedings for the recovery upon forfeiture of a bond running to the state or county; and
      • (ii) enforce the collection of a bond described in Subsection (2)(b)(i).
  • (3) The public prosecutor is authorized to grant transactional immunity to a witness for violation of a state statute or county criminal ordinance.




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