Indiana § 35-33-2-1 - Grounds; indictment or information filed; probable cause

Full text of Indiana Indiana Code § 35-33-2-1 — Grounds; indictment or information filed; probable cause, with citation guidance and answers to common questions.

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

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.

As added by Acts 1981, P.L.298, SEC.2.

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 35-33-2-1

What does Indiana Code § 35-33-2-1 cover?

Section 35-33-2-1 ("Grounds; indictment or information filed; probable cause") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Indiana § 35-33-2-1?

A common citation format is "Indiana Code § 35-33-2-1" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Indiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.

How does Indiana § 35-33-2-1 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.