1. A defendant may waive indictment and consent to be prosecuted by superior court information when:
(a) a local criminal court has held the defendant for the action of a grand jury; and(b) the defendant is not charged with a class A felony punishable by death or life imprisonment; and(c) the district attorney consents to the waiver.2. A defendant may waive indictment pursuant to subdivision one in either:
(a) the local criminal court in which the order was issued holding the defendant for action of a grand jury, at the time such order is issued; or(b) the appropriate superior court, at any time prior to the filing of an indictment by the grand jury.
