§ 27-50-603 - Release upon written promise to appear.
27-50-603. Release upon written promise to appear.
(a) Whenever a person is arrested for any violation of this act punishable as a misdemeanor and the person is not immediately taken before a magistrate as required, then the arresting officer may prepare in duplicate written notice to appear in court containing:
(1) The name and address of the person;
(2) The license number of his vehicle, if any;
(3) The offense charged; and
(4) The time when and place where the person shall appear in court, and if the officer is a bonded officer, he may require the person to post a bail bond and give receipt therefor.
(b) The time specified to appear must be at least five (5) days after the arrest unless the person arrested shall demand an earlier hearing.
(c) The place specified to appear must be before a magistrate within the township or county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense.
(d) (1) The arrested person in order to secure release, as provided in this section, must give his written promise so to appear in court by signing in duplicate the written notice prepared by the arresting officer or post a bail bond as may be required by the arresting officer.
(2) The original of the notice to appear and of the receipt for bail shall be retained by the officer, and the copy of each delivered to the person arrested. Thereupon, the officer shall forthwith release the person arrested from custody.
(e) Any officer violating any of the provisions of this section shall be guilty of misconduct in office and shall be subject to removal from office.