Notice to Appear: Form; Permitted

(a)If an officer determines that the person arrested should be released, the officer shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged, and the time and place when and where the person shall appear in court. Unless waived by the person the time specified in the notice to appear shall be at least five days after the arrest. The place specified in the notice shall be the court of the judge before whom the person would be taken if the requirement of § 45.10 were satisfied.

(b)The arrested person, in order to secure his release, shall give his written promise to appear in court by signing the duplicate notice. The officer shall retain one copy and give one copy of the notice to such person. Thereupon, the officer shall forthwith release the person from custody.