Summons:
A summons is the process by which a defendant is
ordered to appear before the court. A summons orders
the defendant to appear before the court on a certain date.
If a summons is used, a CDR-14 is filled out and a copy
is given to the defendant who is then released.
b. Arrest Pursuant to a Warrant:
An arrest warrant is a document that orders the police to
arrest a defendant and bring him before the court issuing
the warrant. If an arrest warrant is used, a CDR-2 is
filled out and bail is set. If bail is not posted, the
defendant is detained pending a first appearance that is
usually held in municipal court.
c. Arrest Without a Warrant:
In many instances, the criminal process actually begins
with an arrest by a police officer where no formal papers,
i.e., complaint, have been filed with the court. When this
occurs, the officer arrests the accused, who is then
brought to the station house (police headquarters) where
4
The letters CDR are short for Court Disposition Report. The Court Disposition Reporting System is the official
repository of the criminal histories of offenders. The System is operated by the State Police.
a complaint is prepared. The matter is then brought
before a judicial officer, who determines probable cause
and determines whether a summons or warrant will issue.
See R. 3:4-1(a)(1). If the judicial officer issues a
summons, the defendant is given the complaint-summons
and told to appear at a later date. If the judge or clerk
issues a complaint-warrant, the defendant is remanded to
jail unless bail is posted. Simultaneous with the making
of the probable cause determination, the judicial officer
may also set "bail" in accordance with R. 3:4-1(a)(2),
i.e., conditions under which the defendant may be
released from jail pretrial, e.g., R.O.R., no contact with
the victim, Cash Bail.5
d. Indictable Complaints:
When the complaint alleges an indictable offense, the
complaint, and all investigative reports, are required to be
forwarded to the prosecutor within 48 hours. The
municipal court must forward the complaint to the
Criminal Division Manager's Office within 48 hours.
See R. 3:2-1(b).
