Rules of Criminal Procedure Rule 6 Issuance of Summons in Lieu of Arrest Warrant

Question 1

Rule 6.1. Authority To Issue Summons.
(a) A judicial officer with the authority to issue an arrest warrant may issue, or authorize ___________to issue, a criminal summons in lieu thereof in any case in which a complaint, information, or indictment is filed or returned against a person not already in custody.

Answer 1

the clerk of the court

Question 2

Rule 6.1. Authority To Issue Summons.
(b) ___________________ who files information or approves the filing of a complaint against a person not already in custody may authorize the clerk of a court to issue a criminal summons in lieu of an arrest warrant.

Answer 2

A prosecuting attorney

Question 3

Rule 6.1. Authority To Issue Summons.(c) A summons shall not be issued pursuant to this Rule if:

Answer 3

i) the offense, or the manner in which it was committed, involved violence to a person or the risk or threat of imminent serious bodily injury; or

(ii) it appears that the person charged would not respond to a summons.

Question 4

Rule 6.1. Authority To Issue Summons.
In determining whether the defendant would respond to a summons, appropriate considerations include, but are not limited to:

Answer 4

(A) the nature and circumstances of the offense charged;

(B) the weight of the evidence against the person;

(C) place and length of residence;

(D) present and past employment;

(E) family relationship;

(F) financial circumstances;

(G) apparent mental condition;

(H) past criminal record;

(I) previous record of appearance at court proceedings; and

(J) any other relevant information.

Question 5

Rule 6.2. Form of Summons.
(a) A summons shall:

Answer 5

(i) be in writing;

(ii) be signed by the officer issuing it with the title of his office;

(iii) state the date of issuance and the municipality or county where issued;

(iv) specify the name of the accused and the offense alleged;

(v) designate a time, place, and court for the appearance of the accused; and

(vi) have attached a copy of the information, complaint or indictment.

Question 6

Rule 6.2. Form of Summons. (b) Every summons shall inform the accused that failure to appear at the stated time, place, and court may

Answer 6

result in his arrest and shall constitute a separate offense for which he may be prosecuted.