Court rule 3:3-1. Issuance of an Arrest Warrant or Summons

3:3-1. Issuance of an Arrest Warrant or Summons

• (a) Issuance of a Warrant. An arrest warrant may be issued on a complaint only if:
  
  • (1) a judge, clerk, deputy clerk, municipal court administrator or deputy municipal court administrator finds from the complaint or an accompanying affidavit or deposition, that there is probable cause to believe that an offense was committed and that the defendant committed it and notes that finding on the warrant; and
  • (2) a judge, clerk, deputy clerk, municipal court administrator or deputy municipal court administrator finds that subsection (c) of this rule allows a warrant rather than a summons to be issued.
• (b) Issuance of a summons. A summons may be issued on a complaint only if:
  
  • (1) a judge, clerk, deputy clerk, municipal court administrator or deputy municipal court administrator finds from the complaint or an accompanying affidavit or deposition, that there is probable cause to believe that an offense was committed and that the defendant committed it and notes that finding on the summons; or
  • (2) the law enforcement officer who made the complaint, issues the summons.
• (c) Determination of Whether to Issue a Summons or Warrant. A summons rather than an arrest warrant shall be issued unless:
  
  • (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 been served with a summons and has failed to appear;
  • (3) there is reason to believe that the defendant is dangerous to self, other persons, or property;
  • (4) there is an outstanding warrant for the defendant;
  • (5) the defendant's identity or address is not known and a warrant is necessary to subject the defendant to the jurisdiction of the court; or
  • (6) there is reason to believe that the defendant will not appear in response to a summons.
• (d) Finding of No Probable Cause. If a judicial officer finds that there is no probable cause to believe that an offense was committed or that the defendant committed it, the officer shall not issue a warrant or summons on the complaint. If the finding is made by an officer other than a judge, the finding shall be reviewed by a judge. If the judge finds no probable cause, the judge shall dismiss the complaint.
• (e) Additional Warrants or Summonses. More than one warrant or summons may issue on the same complaint.
• (f) Process Against Corporations. A summons rather than an arrest warrant shall issue if the defendant is a corporation. If a corporation fails to appear in response to a summons, the court shall proceed as if the corporation appeared and entered a plea of not guilty.