Arizona

Criminal Procedure

Criminal Procedure

Rule 3.1 – Issuance of Summons or Warrant

(a)Issuance. A summons commands a defendant to appear before a magistrate. A warrant commands the arrest of a defendant by a peace officer for the purpose of bringing a defendant before a magistrate.

(1)Return of Indictment. If a grand jury returns an indictment, the court must promptly issue a warrant or summons, or a notice of supervening indictment under Rule 12.6(c).
(2)Finding of Probable Cause. If a magistrate makes a finding of probable cause under Rule 2.4(a), the court must promptly issue a warrant or summons.
(3)Prosecutor’s Complaint. If a prosecutor presents a signed complaint, the court must promptly issue a summons or, if the court finds probable cause, the court may issue a warrant.
(b)Preference for Summons. Unless there is good cause to issue a warrant, a court should issue a summons if the defendant is not in custody, the offense charged is bailable as a matter of right, and there is reason to believe that the defendant will appear. If a prosecutor requests a warrant, the prosecutor must state the reasons for issuing a warrant rather than a summons.
(c)Initial Arrest Warrant. Before issuing a warrant, the magistrate must determine that probable cause exists that the defendant committed the offense or find that such a determination was previously made. The court may issue an initial arrest warrant if:

(1) a defendant failed to appear after being served with a summons;
(2) there is good cause to believe that the defendant will not appear; or
(3) a summons cannot readily be served or delivered.
(d)Pre-Disposition Warrant. After the initial appearance and before the disposition of a case, the court may issue a warrant to secure a defendant’s appearance if the defendant fails to appear after receiving proper notice.
(e)Warrants in Criminal ATTC Cases. If a person served with an Arizona Traffic Ticket and Complaint provides a written promise to appear in court at a designated time and date and fails to appear, personally or by counsel, on or before that date, the court may issue a warrant. If a complaint is filed under A.R.S. ยง 13-3903(F), the court must issue a warrant for that proceeding.

Ariz. R. Crim. P. 3.1

Added August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 3.1, relating to issuance of warrant or summons, was abrogated effective January 1, 2018.