Initially posted: 1/05/2025 | Criminal Law | Warrants | Blog by Sly Ayoubi
Understanding Warrants and Summonses in Indiana
Hi, I’m Attorney Sly Ayoubi, founder of Sly Law LLC in Indianapolis. Navigating the legal system can be daunting, especially when dealing with terms like warrants and summons. Understanding the difference between these two is crucial, as each has distinct implications for your rights and freedoms.
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What’s the Difference Between a Warrant and a Summons?
Arrest Warrant: This is a court order authorizing law enforcement to take you into custody. It is typically issued when:
– You fail to appear in court.
– You violate probation.
– You are formally charged with a crime, and the court deems arrest necessary.
An arrest warrant leads to immediate detention upon execution.
Summons: A summons is a court order requiring you to appear in court on a specified date and time. Unlike a warrant, a summons does not lead to immediate arrest. It is often issued when:
-Charges are filed against you, but the court determines that arrest is unnecessary.
-The offense is considered less severe, and you are not deemed a flight risk.
If you receive a summons and fail to appear, the court may then issue an arrest warrant.
Key Point: Both documents require your attention, but a warrant results in immediate arrest, while a summons allows you to remain free until your court date.
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How Do You Know If You Have a Warrant or Summons?
In Indiana, you can check your status online by visiting MyCase.in.gov. Here’s how:
1. Search your name in the database.
2. Look for any cases associated with you.
3. Check for indicators:
-An orange “W” next to your case signifies an active warrant.
-Details about a summons will be listed in the case information.
If you discover an active warrant or summons, it’s crucial to act promptly.
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Why You Need a Lawyer If You Have a Warrant or Summons
Facing a warrant or summons can lead to significant legal consequences. Here’s how I can assist:
-For a Warrant:
–Motion to Recall the Warrant: I can petition the court to lift the warrant, potentially converting it into a summons, allowing you to appear in court without arrest.
Open Surrender: If recalling the warrant isn’t feasible, we can arrange for you to appear voluntarily in court, aiming to resolve the warrant without detention.
Self-Surrender: As a last resort, I can guide you through a controlled surrender to law enforcement, working to secure a reasonable bond for your release.
–For a Summons:
–Court Representation: I will represent you in court, ensuring your rights are protected and advocating for the best possible outcome.
Legal Guidance: I’ll provide counsel on the charges against you and develop a strategic defense tailored to your situation.
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Understanding Bonds in Indiana
After an arrest, securing release often requires posting bond. Here’s what you need to know:
–Types of Bonds:
Cash Bond: You pay the full bail amount, refundable upon meeting all court obligations.
Surety Bond: A bail bondsman posts bail on your behalf in exchange for a non-refundable fee, usually 10% of the bail amount.
Property Bond: Property can be used as collateral for release, subject to court approval.
Factors Affecting Bail Amounts:
-The severity of the charges.
-Your criminal history.
-Employment status and ties to the community.
-Risk of flight or potential danger to the public.
Per Indiana Code § 35-33-8-4(b), bail should not be set higher than necessary to ensure your appearance in court or to protect public safety.
If your bond is too high, I can file a motion for a bond review, presenting evidence and arguments to persuade the court to lower the bond to a reasonable amount.
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Consequences of Ignoring a Warrant or Summons
Ignoring these legal orders can lead to serious repercussions:
For a Warrant:
Unexpected arrest at home, work, or during a traffic stop.
Additional charges for failing to appear.
For a Summons:
Issuance of an arrest warrant upon failure to appear.
Potential for higher bail amounts or denial of bail.
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Making Informed Decisions with Legal Representation
Facing a warrant or summons involves critical decisions, such as:
Hiring an attorney to guide and represent you.
Deciding how to post bond-whether paying in full, using a bail bondsman, or securing a property bond.
Each choice comes with financial and legal implications. My role as your attorney is to help you navigate these options and make the best decision for your circumstances.
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Why Choose Sly Law LLC?
At Sly Law LLC, I offer:
Personalized Legal Strategies: Every case is unique, and I tailor my approach to meet your specific situation.
Experienced Representation: I’ll advocate for you in court to protect your rights and achieve the best outcome.
Responsive Communication: Younever feel left in the dark. I make it a priority to be available when you need me most.
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Contact Sly Law LLC Today
Don’t let a warrant or summons derail your life. Reach out to Sly Law LLC for the support and representation you need. Call me at 317-702-7591 today. Together, we’ll protect your rights and work toward the best possible resolution for your case.
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