77-17-8. Mistake in charging offense -- Procedure -- Witnesses.
(1) If, at any time before verdict or judgment, a mistake is made in charging the proper offense, and there is probable cause to believe that the defendant is chargeable with another offense, the court may: release the individual on the individual's own recognizance, as defined in Section, during the time the individual awaits trial or other resolution of criminal charges; 77-20-102 designate a condition, or a combination of conditions, described in Subsection, to be imposed upon the individual's release during the time the individual awaits trial or other resolution of criminal charges; or 77-20-205(4) order the individual be detained during the time the individual awaits trial or other resolution of criminal charges.
(2) A court may require a witness to post monetary bail, as defined in Section, to ensure that the witness appears in court. 77-20-102