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 Under Rule 2 4(a).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.

(4) Finding of Probable Cause on Affidavit Under Rule 2 4(c).If a magistrate makes a finding of probable cause under Rule 2.4(c), the court must issue a warrant and not a summons.

(b) Preference for Summons Unless there is good cause to issue a warrant or a warrant is otherwise required by law, 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. If an affidavit is presented under A.R.S. § 13-3897(A), the court must issue a warrant. In all other cases, 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. § 13-3903(F), the court must issue a warrant for that proceeding.