Can a Warrant be Issued the Day After a Summons is Issued?
Full Question:
Answer:
Criminal cases are commenced through either an arrest, or a summons. In most (but not all) cases, the process begins with an arrest. The answer will depend on all the facts and circumstances involved. It is possible for an immediate summuns to be issued. For example, in some cases in an initial hearing in the Family Court, the court will set another court date (return date) and issue a summons for the respondent to appear. If the judge determines the petitioner is in immediate danger, the court may issue a warrant for the respondent to be brought to court.
Please see the following TN statute:
40-6-206. Time of issuance and return — Misdemeanor cases. —
Any process, warrant, precept or summons authorized to be issued by any
of the judges or clerks of the court, in any criminal prosecution on
behalf of the state, may be issued at any time and made returnable to any
day of the term. In a misdemeanor case, if a process, warrant, precept or
summons has not been served, returned or quashed within five (5) years
from the date of its issuance, the process, warrant, precept or summons
shall be automatically terminated and removed from the records.
