Sec. 1. (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.
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Terms Used In Indiana Code 35-33-2-1
- Arrest: Taking physical custody of a person by lawful authority.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(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.
