In any case where the defendant has the right to prosecution by indictment, he may waive such right at any time after he has been advised of his rights pursuant to § 45.30. If the defendant has also waived his right to a preliminary examination, upon waiver of prosecution by indictment, the court shall hold the defendant to answer, and shall order the prosecuting attorney to file, within fifteen days after entry of the order, an information in the court charging the defendant with the offense charged by the complaint.
COL 2025-12-23
NOTE: Section 45.45 provides the procedure for waiver by the defendant of prosecution by indictment contemplated by § 1.15. Compare former § 682(b); former Rule 7(b). It should be noted that the defendant may waive both prosecution by indictment pursuant to this Section and a preliminary examination pursuant to § 45.50(f), in which case, the court will order an information to be filed. If the defendant waives only his right to an indictment, then he is not deprived of his right to a preliminary examination, unless the prosecuting attorney opts to obtain an indictment. See §§ 1.15; 45.50(d). For dismissal for failure to file an information within the time prescribed, see § 80.60.