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 as 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.