Can a court issue a summons and an arrest warrant on consecutive days?

Full question:

Can the court issue a summon on certain date and issue an arrest warrant on next date on same case?

  • Category: Criminal
  • Subcategory: Warrants
  • Date:
  • State: Tennessee

Answer:

Criminal cases can start with either an arrest or a summons. While most cases begin with an arrest, there are instances where a summons can be issued immediately. For example, in Family Court, a judge may set a return date and issue a summons for the respondent to appear. If the judge believes the petitioner is in immediate danger, they may issue an arrest warrant for the respondent to be brought to court.

According to Tennessee law (Tenn. Code Ann. § 40-6-206), any process, warrant, precept, or summons in a criminal case can be issued at any time and made returnable on any day of the term. In misdemeanor cases, if a process or warrant has not been served, returned, or quashed within five years from its issuance, it will automatically terminate and be removed from the records.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

An arrest warrant can be deemed invalid if it lacks proper jurisdiction, is not based on probable cause, or is not issued by a judge. Additionally, if the warrant does not specify the individual to be arrested or fails to include necessary details, it may also be considered invalid. It's important to ensure that all legal requirements are met for the warrant to be enforceable. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.