More Categories

Rule 509 – Use of Summons or Warrant of Arrest in Court Cases

May 14, 2021 | Criminal Procedure, Pennsylvania

If a complaint charges an offense that is a court case, the issuing authority with whom it is filed shall:

(1) issue a summons and not a warrant of arrest in cases in which the most serious offense charged is a misdemeanor of the second degree or a misdemeanor of the first degree in cases arising under 75 Pa.C.S. § 3802, except as set forth in paragraph (2);
(2) issue a warrant of arrest when:

(a) one or more of the offenses charged is a felony or murder; or
(b) the issuing authority has reasonable grounds for believing that the defendant will not obey a summons; or
(c) the issuing authority has reasonable grounds for believing that the defendant poses a threat of physical harm to any other person or to himself or herself; or
(d) the summons was mailed pursuant to Rule 511(A) and has been returned undelivered; or
(e) the identity of the defendant is unknown; or
(3) issue a summons or a warrant of arrest, within the issuing authority’s discretion, when the offense charged does not fall within any of the categories specified in paragraphs (1) or (2).

234 Pa. Code § 509

Committee Explanatory Reports:

Report explaining the August 9, 1994 amendments published at 22 Pa.B. 6 (January 4, 1992) ; Final Report published with the Court’s Order at 24 Pa.B. 4342 (August 27, 1994) .

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000) .

Final Report explaining the August 24, 2004 Comment revision adding a new second paragraph elaborating on paragraph (2) (c) published with the Court’s Order at 34 Pa.B. 5025 (September 11, 2004) .

Final Report explaining the June 30, 2005 amendments concerning in which cases a summons or a warrant are issued published with the Court’s Order at 35 Pa.B. 3911 (July 16, 2005) .

Final Report explaining the May 1, 2007 amendments amending paragraph (2) (d) and the Comment and deleting paragraph (2) (e) published with the Court’s Order at 37 Pa.B. 2503 (June 2, 2007) .

Final Report explaining the September 18, 2008 revision of the Comment concerning the United States Postal Service’s return receipt electronic option published with the Court’s Order at 38 Pa.B. 5488 (October 4, 2008) .