(a) Application to Judicial Officer. A prosecuting officer may request a judicial officer to issue a summons or arrest warrant for any defendant, not already arrested or cited to appear for the same offense, who is named (1) in an indictment presented on oath of the foreperson of a grand jury or (2) in an information presented on oath of the prosecuting officer accompanied by an affidavit or affidavits or a sworn statement made before the judicial officer as to probable cause. Any sworn statement so made shall be taken down by a court reporter or recording equipment. The prosecuting officer shall present with the application such information as reasonable investigation would reveal concerning the defendant’s (i) residence, (ii) employment, (iii) family relationships, (iv) past history of response to legal process, and (v) past criminal record. At the time when an information or indictment is presented to the judicial officer, the judicial officer shall make a minute thereon in writing, under the judicial officer’s official signature, of the date on which the same was presented. (b) Finding of Probable Cause Upon Information. No summons or warrant shall be issued upon information unless the judicial officer finds that there is probable cause to believe that an offense has been committed and that the defendant has committed it. The finding of probable cause shall be based upon substantial evidence, which may be hearsay in whole or in part, provided that there is a substantial basis for believing the source of the hearsay to be credible and for believing that there is a factual basis for the information furnished. Before ruling on a request for a summons or warrant, the judicial officer may require the prosecuting officer and affiant or affiants to appear personally and may examine under oath the affiant or affiants and any witnesses the prosecuting officer may produce, provided that such proceeding shall be taken down by a court reporter or recording equipment, or the judicial officer shall promptly make a summary of it. Such record or summary shall be made part of the affidavit. (c) Issuance of Summons. Upon an indictment or upon an information and finding of probable cause,
(1) If the offense charged is a misdemeanor, the judicial officer shall issue a summons for the appearance of the defendant before a judicial officer, unless the judicial officer finds that
(A) The defendant has previously failed to respond to a citation, summons, warrant, or other order of court issued in connection with the same or another offense; or (B) The defendant has no ties to the community reasonably sufficient to assure the defendant’s appearance or there is a substantial likelihood that the defendant will refuse to respond to a summons; or (C) The whereabouts of the defendant are unknown and the issuance of an arrest warrant is necessary in order to subject the defendant to the jurisdiction of the court; or (D) Arrest is necessary to prevent bodily injury to the person arrested or to the person of another or harm to property. (2) The judicial officer shall likewise issue a summons in any case in which the prosecuting officer so requests. (3) If the offense charged is a felony, the judicial officer may issue a summons for the appearance of the defendant unless there is reasonable cause to believe that, if not taken into custody, the defendant will flee to avoid prosecution, will fail to respond to the summons, or will cause bodily injury to the defendant or to another or injury to property. (4) The summons shall be issued to the prosecuting officer for delivery to the person who is to make service and the judicial officer shall file a copy of the summons and indictment or information and affidavit or sworn statement in a unit of the court having jurisdiction of the offense. If the defendant fails to appear in response to the summons, a warrant may be issued on the basis of the same indictment or information. (d) Issuance of Arrest Warrant. Upon an indictment or upon an information and finding of probable cause in any case in which the judicial officer does not issue a summons as provided in subdivision (c), the judicial officer shall issue a warrant for the arrest of the defendant to any law enforcement officer authorized by these rules to execute it. The judicial officer shall file a copy of the warrant and the indictment or information and affidavit or sworn statement in a superior court or territorial unit of the District Court having jurisdiction of the offense. (e) Form.(1)Summons. The summons shall be dated and signed by the judicial officer. It shall be directed to the defendant and shall summon the defendant to appear before a judicial officer at a stated time and place. It shall describe in general terms the offense charged in the indictment or information. (2)Arrest Warrant. The arrest warrant shall be in the same form as the summons, except that it shall be directed to any law enforcement officer and shall contain the name of the defendant or, if the defendant’s name is unknown, any name or description by which he can be identified with reasonable certainty. It shall command that the defendant be arrested and brought without unnecessary delay before the nearest available judicial officer. (f) Service or Execution; Return.(1)Service of Summons.(A)By Whom. The summons may be served by any person authorized by the Vermont Rules of Civil Procedure to serve process in a civil action or by any law enforcement officer. (B)Territorial Limits. The summons may be served at any place within the state of Vermont. (C)Manner. The summons shall be served upon a defendant by any means provided by the Vermont Rules of Civil Procedure for service of process within the state in a civil action. In addition, service may be by registered or certified mail, return receipt requested, with instructions to deliver to addressee only. Service by mail shall be complete when the mail is delivered and the return receipt signed or when acceptance is refused. (D)Return. On or before the return day the person to whom a summons was delivered for service shall make return thereof, with the indictment or information and affidavit or sworn statement, to the judicial officer before whom the defendant was summoned to appear. If service was by mail, the return shall consist of the return receipt or, if acceptance was refused, an affidavit that upon notice of such refusal a copy of the summons was sent to the defendant by ordinary first-class mail. At the request of the prosecuting officer made at any time while the indictment or information is pending, a summons returned unserved, or a duplicate thereof, may be delivered by the judicial officer to any officer or appropriate person for service. (2)Execution of Warrant.(A)By Whom. The warrant may be executed by any law enforcement officer. (B)Territorial Limits. The warrant may be executed at any place within the state of Vermont. (C)Manner. The warrant shall be executed by the arrest of the defendant. The officer need not have the warrant in possession at the time of the arrest, but upon request the officer shall show the warrant to the defendant as soon as practicable and at that time shall deliver to the defendant a copy of the warrant. If the officer does not have the warrant in possession at the time of the arrest, the officer shall then inform the defendant of the offense charged and of the fact that a warrant has been issued. The officer executing the warrant shall bring the defendant without unnecessary delay before the nearest available judicial officer. (D)Return. The officer executing a warrant shall make return thereof, with the indictment or information and affidavit or sworn statement, to the judicial officer before whom the defendant is brought. At the request of the prosecuting officer, any unexecuted warrant shall be returned to any judicial officer and cancelled by the officer. At the request of the prosecuting officer made at any time while the indictment or information is pending, a warrant returned unexecuted and not cancelled, or a duplicate thereof, may be delivered by the judicial officer to any officer or appropriate person for execution.
