Sec. 2. (a) A warrant of arrest shall:

(1) be in writing;

Terms Used In Indiana Code 35-33-2-2

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • 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.
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
(2) specify the name of the person to be arrested, or if his name is unknown, shall designate such person by any name or description by which he can be identified with reasonable certainty;

(3) set forth the nature of the offense for which the warrant is issued;

(4) state the date and county of issuance;

(5) be signed by the clerk or the judge of the court with the title of his office;

(6) command that the person against whom the indictment or information was filed be arrested and brought before the court issuing the warrant, without unnecessary delay;

(7) specify the amount of bail, if any; and

(8) be directed to the sheriff of the county.

     (b) An arrest warrant may be in substantially the following form:

TO: ______________

     You are hereby commanded to arrest ___________ forthwith, and hold that person to bail in the sum of _______ dollars, to answer in the _______ Court of ________ County, in the State of Indiana, an information or indictment for ____________.

     And for want of bail commit him to the jail of the County, and thereafter without unnecessary delay to bring him before the said court.

     IN WITNESS WHEREOF, I, ___________ (Clerk/Judge) of said Court, hereto affix the seal thereof, and subscribe my name at __________ this ________ day of _______ A.D. 20__.

______________________

Clerk or Judge of the Court

As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.2-2005, SEC.115.