Plain-Language Summary

Michigan law specifies that indictments cannot be dismissed or challenged for defects unless objections are raised before or during trial, with provisions for amendments. If amendments affect the substance of the case, the defendant may be entitled to a jury discharge and a continuance, but not if they are not prejudiced. The law also clarifies that discharging a jury does not constitute double jeopardy.

Frequently Asked Questions

Objections must be made prior to the trial or at a time the court permits during or after the trial to challenge defects in the indictment.

Yes, the court can amend the indictment at any time before, during, or after the trial to correct defects or variances.

Yes, if the amendment affects the substance of the case, you may be entitled to a jury discharge and a reasonable continuance unless you are not prejudiced.

No, discharging a jury under this section does not constitute double jeopardy, so you can be retried if necessary.