(a) Authorization of Process. An arrest warrant on any complaint and a summons on a complaint charging an offense made by a private citizen may be issued only by a judge, clerk or deputy clerk, municipal court administrator or deputy court administrator of a court with jurisdiction in the municipality where the offense is alleged to have been committed. The arrest warrant or that summons may be issued only if its appears to the judge, clerk or deputy clerk, municipal court administrator or deputy court administrator form the complaint or an affidavit or disposition that there is probable cause to believe that an offense was committed and that the defendant has committed it. The judge, clerk or deputy clerk, municipal court administrator or deputy court administrator who finds probable cause shall note that finding on the face of the summons or warrant. A summons on a complaint made by a law enforcement officer charging any offense may be issued by a law enforcement officer without a finding by a judicial officer of probable cause for issuance.
(b) Determination Whether to Issue a Summons or Warrant. A summons rather than an arrest warrant shall issue unless the judge, clerk or deputy clerk, municipal court administrator or deputy court administrator finds:
(1) The defendant is charged with murder, kidnapping, aggravated manslaughter, manslaughter, robbery, aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact, second degree aggravated assault, aggravated arson, arson, burglary, violations of Chapter 35 of Title 2C that constitute first or second degree crimes, any crime involving the possession or use of a firearm, or conspiracies or attempts to commit such crimes;
(2) The defendant has failed to respond to a summons;
(3) The judge, clerk or deputy clerk, municipal court administrator or deputy court administrator has reason to believe that the defendant is dangerous to himself or herself, others or property;
(4) There is an outstanding arrest warrant for the defendant;
(5) The address of the defendant is not known and an arrest warrant is necessary to subject to the defendant to the jurisdiction of the court; or
(6) judge, clerk or deputy clerk, municipal court administrator or deputy court administrator has reason to believe that the defendant will not appear in response to the summons. A summons rather than an arrest warrant shall issue if the defendant is a corporation.
(c) Failure to Appear After Summons. If a defendant has been served with a summons and has failed to appear or there is a reason to believe that the defendant will fail to appear, an arrest warrant may be issued. If a corporation has been served with a summons and has failed to appear the court shall proceed as if the corporation appeared and entered a plea of guilty.
(d) Additional Warrants or Summonses. More than one warrant or summons may issue on the same complaint.
(e) Identification Procedures if Summons Issued. If a summons has been issued on a complaint charging a crime or the offense of shoplifting, the defendant shall undergo the identification procedures required after arrest by N.J.S.A. 53:1-15 on the return date of the summons. If the defendant refuses to submit to the identification procedures required by law, the court shall issue an arrest warrant.
(f) Review of Initial Probable Cause Finding; Dismissal. If a clerk or deputy clerk, municipal court administrator or deputy court administrator finds that no probable cause exists to issue an arrest warrant or summons, that finding shall be reviewed by the judge after notice to the complainant, defendant, and appropriate prosecuting agency. If the judge finds no probable cause, the judge shall dismiss the complaint.
(g) First Appearance. Following the filing of a complaint and the service of process a first appearance shall be conducted pursuant to Rule 3:4-2 without unnecessary delay. If a defendant remains in custody, the first appearance shall e conducted within 72 hours, excluding holidays, after arrest by a judge with authority to set bail for the charges in the complaint.
