1. A defendant may waive indictment and consent to be prosecuted by superior court information when:

1. (a) a local criminal court has held the defendant for the action of a grand jury; and
2. (b) the defendant is not charged with a class A felony punishable by death or life imprisonment; and
3. (c) the district attorney consents to the waiver.

2. A defendant may waive indictment pursuant to subdivision one in either:

1. (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
2. (b) the appropriate superior court, at any time prior to the filing of an indictment by the grand jury.