Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 5 - PRETRIAL PROCEDURES IN COURT CASES
Part B(1) - Complaint Procedures
Rule 509 - Use of Summons or Warrant of Arrest in Court Cases
Universal Citation: 234 PA Code ยง 509
Current through Register Vol. 54, No. 12, March 23, 2024
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).
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