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Current as of June 08, 2021 | Updated by FindLaw Staff
Sec. 1. (a) When an indictment or information is filed against a person charging him with a misdemeanor, the court may, in lieu of issuing an arrest warrant under IC 35-33-2, issue a summons. The summons must set forth substantially the nature of the offense, and command the accused person to appear before the court at a stated time and place. However, the date set by the court must be at least seven (7) days after the issuance of the summons. The summons may be served in the same manner as the summons in a civil action.
(b) If the person summoned fails, without good cause, to appear as commanded by the summons and the court has determined that there is probable cause to believe that a crime (other than failure to appear) has been committed, the court shall issue a warrant of arrest.
(c) If after issuing a summons the court:
(1) is satisfied that the person will not appear as commanded by the summons; and
(2) has determined that there is probable cause that a crime (other than failure to appear) has been committed;
it may at once issue a warrant of arrest.
(d) The summons may be in substantially the following form:
STATE OF INDIANA |
) |
IN THE _______ COURT |
) |
||
vs.
|
) |
OF _______ COUNTY |
) |
||
________________________________ |
) |
|
Defendant |
) |
CAUSE NO. __________ |
YOU ARE HEREBY SUMMONED, to appear before the above designated Court at _______, _______, _______ at __________.m. on (day) _______, _______, 20___, with respect to an (information or indictment) for _______.
If you do not so appear, an application may be made for the Issuance of a Warrant for your arrest.
|
ISSUED: ______________, 20___ |
in
|
|
(City or County) __________, ______ |
|
BY THE CLERK OF SAID COURT: |
|
______________________________________________________________ |
|
CLERK |
(e) When any law enforcement officer in the state serves a summons on a person, he shall file a return of service with the court issuing the summons. The return shall be in substantially the following form:
RETURN OF SERVICEI hereby certify that I served this summons upon the above named defendant by delivering a copy of it and of the Information to the defendant personally or by certified mail return receipt requested, on ______________, 20___, at ____, _______.
DATED: ________________, 20___.
|
(Signature) |
____________________________________________________________________________ |
____________________________________________________________________________ |
||
LAW ENFORCEMENT AGENCY
|
(f) In lieu of arresting a person who has allegedly committed a misdemeanor (other than a traffic misdemeanor) in his presence, a law enforcement officer may issue a summons and promise to appear. The summons must set forth substantially the nature of the offense and direct the person to appear before a court at a stated place and time.
(g) The summons and promise to appear may be in substantially the following form:
STATE OF INDIANA |
) |
IN THE _______ COURT |
) |
||
vs.
|
) |
OF _______ COUNTY |
) |
||
________________________________ |
) |
|
Defendant |
) |
YOU ARE HEREBY SUMMONED, to appear before the above designated Court at _______
(Address)
at __________ .m. on ______________,
Month Day
20___, in respect to the charge of _______
_______.
If you do not so appear, an application may be made for the issuance of a warrant for your arrest.
|
ISSUED: __________, 20___, |
in
|
|
________________, Indiana |
|
(City or County) |
|
BY THE UNDERSIGNED LAW |
|
ENFORCEMENT OFFICER: |
|
|
|
______________________________________________________________ |
|
Officer's Signature |
|
I.D. No. _____________________________________________________ |
|
Div. Dist. ___________________________________________________ |
|
Police Agency ________________________________________________ |
I promise to appear in court at the time and place designated above, or be subject to arrest.
Signature _______
YOUR SIGNATURE IS NOT AN ADMISSION OF GUILT.
(h) When any law enforcement officer issues a summons and promise to appear, he shall:
(1) promptly file the summons and promise to appear and the certificate of service with the court designated in the summons and promise to appear; and
(2) provide the prosecuting attorney with a copy thereof.
Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-33-4-1 - last updated June 08, 2021 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-33-4-1.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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