Supreme Court Rules - Rule 37 - Statutory and Ordinance Violations and Violation Bureaus: Ordinance Violation - Summons or Arrest Warrant - When Issued

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Supreme Court Rules

		Section/Rule:	37.43
Subject:	Rule 37 - Statutory and Ordinance Violations and Violation Bureaus	Publication / Adopted Date:	May 14, 1985
Topic:	Ordinance Violation - Summons or Arrest Warrant - When Issued - Failure to Appear	Revised / Effective Date:	January 1, 2020

37.43 Ordinance Violation - Summons or Arrest Warrant - When Issued - Failure to Appear

When an information charging the commission of an ordinance violation and a statement of probable cause are filed pursuant to Rule 37, a summons shall be issued unless the court finds that there are:

(

)

Sufficient facts stated to show probable cause that an ordinance violation has been committed, and

(

)

Reasonable grounds for the court to believe that the defendant will not appear upon the summons, or a showing has been made to the court that the defendant poses a danger to a victim, the community, or any other person.

If the court so finds, a warrant for the arrest of the defendant may be issued. If a warrant is issued under this Rule, the court shall take into account, on the basis of available information, which may include a written recommendation from the prosecutor, the factors set forth in Rule 37.15(e) when setting the condition or combination of conditions of release, if any, required by Rule 37.15(b) and allowed by Rule 37.15(c).

(Adopted May 14, 1985, eff. Jan. 1, 1986. Amended June 16, 1998, eff. July 1, 1999; Dec. 23, 2003, eff. July 1, 2004; June 29, 2018, eff. Jan. 1, 2019; Dec. 18, 2018, eff. Jan. 1, 2019; Jun. 28, 2019, eff. Jan 1, 2020.)

{Formerly titled “Summons - When Issued - Failure to Appear.”}