Rule 36-4. Direction by Judicial Authority for Use of Summons

(a) Instead of issuing an arrest warrant, even where probable cause has been found, the judicial authority may direct that a summons and complaint be issued to an accused person pursuant to Sections 36-7 through 36-10, unless the judicial authority determines that it is necessary to take the accused into custody for any of the following reasons:

(1) The criminal offense involved is a felony;

(2) There are facts indicating a substantial likelihood that such person will not appear in court at the specified time and place unless taken into custody;

(3) Such person is likely to cause injury to himself or herself or to others, or is likely to cause serious damage to property;

(4) The offense is likely to continue if such person is not taken into custody;

(5) Custody is necessary for the protection of such person or to provide that person with needed medical or other aid;

(6) The person fails satisfactorily to identify himself or herself; or

(7) The person has previously failed to appear in court when required to do so.

(b) The failure to comply with this section shall not be a ground for dismissal of an information, but shall entitle the accused to be released upon a written promise to appear where none of the foregoing reasons shall be found to exist.

Committee Notes

(P.B. 1978-1997, Sec. 595.)