Ind. Code § 35-33-4-1

Current through P.L. 171-2024

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

(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. _________

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.

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 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 ____, ________.

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	)
SUMMONS AND PROMISE TO APPEAR
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 _____________

COURT APPEARANCE

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.

IC 35-33-4-1

As added by Acts1981 , P.L. 298, SEC.2. Amended by Acts1982 , P.L. 204, SEC.9; P.L. 320-1983, SEC.5; P.L. 2-2005, SEC.116.