§ 35-33-4-1 — Summons in lieu of arrest warrant; contents; service; return; failure to appear; forms

Indiana § 35-33-4-1

• Jurisdiction: Indiana
• Art. 33: PRELIMINARY PROCEEDINGS
• Ch. 4: Summons and Promise to Appear in Lieu of Arrest

Text

(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:
SUMMONS
THE STATE OF INDIANA TO
THE ABOVE NAMED DEFENDANT:
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.
(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 SERVICE
I 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 ____, ________.
(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:
If you do not so appear, an application may be made for the issuance
of a warrant for your arrest.
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.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts
1982, P.L.204, SEC.9; P.L.320-1983, SEC.5; P.L.2-2005,
SEC.116.