§ 35-33-2-1 — Grounds; indictment or information filed; probable cause

Indiana § 35-33-2-1

• Jurisdiction: Indiana
• Art. 33: PRELIMINARY PROCEEDINGS
• Ch. 2: Arrest Warrants

Text

(a) Except as provided in chapter 4 of this
article, whenever an indictment is filed and the defendant has not been
arrested or otherwise brought within the custody of the court, the court,
without making a determination of probable cause, shall issue a
warrant for the arrest of the defendant.
(b) Whenever an information is filed and the defendant has not been
arrested or otherwise brought within the custody of the court, the court
shall issue a warrant for the arrest of the defendant after first
determining that probable cause exists for the arrest.
(c) No warrant for arrest of a person may be issued until:
(1) an indictment has been found charging him with the
commission of an offense; or
(2) a judge has determined that probable cause exists that the
person committed a crime and an information has been filed
charging him with a crime.
As added by Acts 1981, P.L.298, SEC.2.