Rule 3.1. Issuance of warrant or summons

a. Issuance. Upon presentment of an indictment, or on a finding of probable cause made pursuant to Rule 2.4(a), the court shall promptly issue a warrant or summons, or a notice of supervening indictment under Rule 12.7(c). Upon presentment of a complaint signed by a prosecutor, the court shall promptly issue a summons or notice of supervening indictment under Rule 12.7(c) or, after a finding of probable cause, issue a warrant.

b. Preference for Summons. Unless good cause exists for the issuance of a warrant, a summons shall issue if the defendant is not in custody and the offense charged is bailable as a matter of right, and there is reason to believe that the defendant will respond to it. If a warrant is requested by the prosecutor, the prosecutor shall state the reasons for the issuance of the warrant rather than a summons.

c. Initial Arrest Warrant. Before issuing an arrest warrant, the magistrate shall determine that probable cause exists that the defendant committed the offense or find that such a determination has previously been made. An initial arrest warrant shall issue if:

(1) a defendant who has been summoned fails to appear, or

(2) there is good cause to believe that the defendant will fail to appear, or

(3) the summons cannot readily be served or delivered.

d. Pre-Disposition Warrant. After the initial appearance and before disposition of a case, when the defendant fails following proper notice to appear for a court appearance, the court may issue a warrant to secure defendant's appearance.

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