Indiana Arrest Warrant Laws and Regulations

An Indiana arrest warrant is issued in compliance with Indiana Code IC 35-33-2 http://www.in.gov/legislative/ic/code/title35/ar33/ch2.html . The 2nd chapter contains information on Indiana arrest warrants. IC 35-33-2-1 states the grounds on which an arrest warrant is issued in the state. In the event of the filing of an indictment and the person charged of a particular crime is not arrested or taken into the court’s custody, the latter reserves the power to issue an arrest without even investigating the causes. It has to only determine that a cause exists for the arrest to take place. The Indiana court cannot issue an arrest warrant until a formal complaint has been filed against the person concerned stating the offense, or a judge of the court has come to the conclusion that a “probable cause" does exist that the individual committed a crime.

Indiana Arrest Warrant Information

According to IC 35-33-2-2 of the Indiana Code, an arrest warrant should contain the following information:

* The warrant should clearly state the full name of the person against whom it has been issued. If the name of the person has not yet been determined, then it should contain the description or name with which he or she has been identified.

* It should bear the signature of the judge of the court or that of the clerk of the court, and should also include the title of the court.

* The warrant should always be a written and legible document.

* It should also mention the offense for which the person needs to be arrested. 

* The warrant should also specify the bail amount, if the offense is one against which a bail is granted.

* It should state the date of the issue of the warrant along with the location that is the name of the county.

* It should be addressed to the sheriff of the respective county.

* The person against whom the warrant has been issued should be ordered to be produced before the court as soon as possible. 

The code IC 35-33-2-3 states the probable reasons for which an individual can be arrested. The arrest warrant is directed to the sheriff of the county and can be executed by the law enforcement officer at any time of day. The officer is given the power to break into the subject's house, if he or she refuses to let the officer in. The accused is then handed over to the county sheriff.

Indiana Arrest Warrant: Validity

An arrest warrant comes with a particular time frame, after which it ceases to be valid. Indiana Code IC 35-33-2-4 states the number of days for which the warrant stands valid. An arrest warrant in Indiana issued for a misdemeanor expires after a period of 180 days or three months. A warrant issued for a re-arrest or for a felony charge, however, does not come with an expiration date. Upon the expiration of a warrant, a sheriff should inform the clerk of the court and request a re-issue of the warrant. The clerk has to make an official note of the expiration of the warrant and inform the county attorney. It is only after the attorney’s request that the court issues another arrest warrant. 

Summons

When an official complaint is lodged against an individual for a misdemeanor, the court may issue a summons in place of an arrest warrant as per IC 35-33-4-1. The summons should clearly state the offense and ask the individual in question to appear before the court. The date on which the person is supposed to appear before the court should at least be seven days after the date on which the summons is being issued. If the individual fails to turn up and produce a good reason, then the court can go ahead and issue an arrest warrant. If you want to know more about a summons form and its contents then you can view one at http://www.in.gov/legislative/ic/code/title35/ar33/ch4.pdf.

Cancellation of an Arrest Warrant

At times, it may also happen that the charges levied against an individual are canceled. In that case, the court can ask the sheriff to dismiss the outstanding warrant as per IC 35-33-2-5. The sheriff needs to inform the law enforcement officials about the cancellation of the charges and consequently the arrest. 

Information regarding the arrests warrants is laid out as part of the laws of the state and the Office of Code Revision Indiana Legislative Services Agency is responsible for its maintenance.