(1) This section and §§ 40-14-105 and 40-14-106 only apply to criminal cases in a court of record.
(2) Nothing in this section, § 40-14-105 or § 40-14-106 shall prevent any person so indicted or presented from waiving the provisions of this section, § 40-14-105 or § 40-14-106.
(3) This section and §§ 40-14-105 and 40-14-106 do not apply to persons entering a plea of guilty.