Sec. 3.5. The initial hearing of a person issued a:

(1) summons; or

Terms Used In Indiana Code 35-33-7-3.5

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) summons and promise to appear;

must take place according to the terms of the summons. At such an initial hearing, a determination of probable cause is not required unless the prosecuting attorney requests on the record that the person be held in custody before his trial.

As added by P.L.320-1983, SEC.9.