Louisiana Code of Criminal Procedure Article 28 controls when a magistrate may issue a summons versus an arrest warrant to prevent a threatened offense. The choice between the two has real consequences for a person’s liberty before any crime has even occurred.
What the Statute Says
Art. 28. Issuance of summons or warrant of arrest
If the magistrate is satisfied that there is just cause to fear that the defendant is about to commit the threatened offense, he shall issue a summons ordering the defendant to appear before him at a specified time and date. The magistrate may issue a warrant of arrest when imminent and serious harm is threatened.
La. Code Crim. Proc. — source: Louisiana State Legislature
Why Article 28 Matters to Your Defense
Under Article 28, a summons — an order to appear — is the default when there is just cause to fear a threatened offense, while a warrant of arrest is reserved for situations involving imminent and serious harm. That structure protects against unnecessary detention, and it gives the defense a basis to question whether an arrest was justified at all.
If a person was arrested where a summons would have sufficed, that overreach can be raised in challenging the legality of the detention and any evidence that flowed from it.
How Our Attorneys Use Article 28
We review whether the magistrate’s choice of process fit the facts: was there genuinely an imminent and serious threat, or should a summons have issued? An arrest that outruns its statutory justification is vulnerable to challenge.
This article also informs bond and release arguments early in a case. For how pre-arrest process connects to the rest of a prosecution, see our Louisiana criminal procedure overview.
Frequently Asked Questions
A summons orders you to appear in court without being taken into custody, while an arrest warrant authorizes police to detain you. Article 28 favors a summons unless imminent, serious harm is threatened.
Article 28 allows process to prevent a threatened offense, but a warrant of arrest is limited to situations of imminent and serious harm. Otherwise, a summons is the appropriate tool.
If the facts did not justify an arrest, your attorney can challenge the legality of the detention and seek to suppress evidence obtained as a result.
Charged in Louisiana? Talk to a Defense Attorney
If your case involves a pre-arrest summons or warrant, the procedural details can shape the entire outcome. The Ambeau Law Firm knows how to hold the State to the rules. Contact us or call (225) 330-7009 for a free, confidential consultation.