Skip to main content
US Criminal Defense.org
Menu

Indiana statute

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

Current through 2026 Regular Session

Part of Chapter 2: Arrest Warrants, Indiana Code.

Full text of Ind. Code § 35-33-2-1

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-33-2-1Primary source, current through the 2026 Regular Session
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. (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.

Official sources

Legal terms used in this section

This reference is informational and is not legal advice.