Arkansas

Criminal Procedure

Rule 6.1 – Authority To Issue Summons

(a) A judicial officer with the authority to issue an arrest warrant may issue, or authorize the clerk of the court to issue, a criminal summons in lieu thereof in any case in which a complaint, information, or indictment is filed or returned against a person not already in custody.

(b) A prosecuting attorney who files an information or approves the filing of a complaint against a person not already in custody may authorize the clerk of a court to issue a criminal summons in lieu of an arrest warrant.

(c) A summons shall not be issued pursuant to this Rule if:

(i) the offense, or the manner in which it was committed, involved violence to a person or the risk or threat of imminent serious bodily injury; or

(ii) it appears that the person charged would not respond to a summons. In determining whether the defendant would respond to a summons, appropriate considerations include, but are not limited to:

(A) the nature and circumstances of the offense charged;

(B) the weight of the evidence against the person;

(C) place and length of residence;

(D) present and past employment;

(E) family relationship;

(F) financial circumstances;

(G) apparent mental condition;

(H) past criminal record;

(I) previous record of appearance at court proceedings; and

(J) any other relevant information.

Ark. R. Crim. P. 6.1

Reporter’s Notes, 2007 Amendments: The 2007 amendments made minor editorial changes to subsection (a) and rephrased subsection (b). Subsection (c), which was added in 2007, is based on language originally found in Rule 7.1. In Johnson v. State, 98 Ark. App. 245, 254 S.W.3d 794 (2007), the Court of Appeals held that issuance of a summons is mandatory unless the defendant is charged with a violent offense or it appears that the defendant will not respond to a summons. The 2007 changes to Rule 6.1 and Rule 7.1 were intended to make clear that use of a summons rather than an arrest

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