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Supreme Court Rules
Section/Rule:
21.03
Subject:
Rule 21 - Rules of Criminal Procedure - Procedure Applicable to Misdemeanors Only
Publication / Adopted Date:
June 13, 1979
Topic:
Misdemeanors - Summons or Warrant of Arrest - When Issued
Revised / Effective Date:
January 1, 2020
21.03 Misdemeanors - Summons or Warrant of Arrest - When Issued
(
a
)
When an information is filed pursuant to
Rule 21.02
, a summons shall be issued unless the court finds that sufficient facts have been stated to show probable cause that a misdemeanor has been committed and there are reasonable grounds to believe:
(1) The defendant will not appear upon the summons; or
(2) The defendant poses a danger to a crime victim, the community, or any other person.
If the court so finds, a warrant of arrest for the defendant may be issued.
(
b
)
When an indictment charging the commission of a misdemeanor is returned, either a summons or warrant of arrest may be issued.
(
c
) When an information or indictment charges a corporation with the commission of a misdemeanor, a summons shall be issued.
(
d
)
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 State, the factors set forth in
Rule 33.01(e)
when setting the condition or combination of conditions of release, if any, required by
Rule 33.01(b)
and allowed by
Rule 33.01(c)
.
(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended June 16, 1998, eff. July 1, 1999; Feb. 19, 1999, eff. Jan. 1, 2000; Jan. 28, 2002, eff. Jan. 1, 2003; Dec. 18, 2018, July 1, 2019; Jun. 30, 2019, eff. Jan. 1, 2020.)
Committee Note - 1979
The source is prior
Rule 21.05
. There is a change in that a summons would be used to secure the presence of the defendant in most cases and a warrant of arrest would be used for that purpose only if there are reasonable grounds for the court to believe that a summons will not cause the defendant to appear.
