Rule RCr 2.04 – Warrant or summons; issuance

May 13, 2021 | Criminal Procedure, Kentucky

(1) If from an examination of the complaint it appears to the judge (or clerk authorized to issue warrants pursuant to KRS 15.725(5)) that there is probable cause to believe that an offense has been committed and that the defendant committed it, the judge (or clerk) shall issue a warrant for the arrest of the defendant except in the case of offenses for which a summons is mandatory pursuant to KRS 431.410, and except that a summons may issue instead of a warrant if there are reasonable grounds to believe that the defendant will appear in response, or if the defendant is a corporation.
(2) If there are reasonable grounds to believe that a defendant duly summoned will fail to appear, a warrant of arrest shall issue without the necessity of an additional supporting affidavit or complaint.
(3) More than one warrant or summons may issue on the same complaint.

Ky. R. Crim. P. RCr 2.04

Amended by Order 2000-1, eff. 2-1-01; prior amendments eff. 3-1-99 (Order 98-3), 9-1-81 (Order 81-5), 1-1-78; adopted eff. 1-1-63