(a) If it appears from the complaint and the affidavits filed therewith that there is probable cause to believe that an offense has been committed and that the defendant has committed it, the judge shall issue a summons for the appearance of the defendant.
COL120106 EXECUTION & RETURN (b) Notwithstanding Subsection (a), a warrant shall issue where: (1) A valid reason is shown for the issuance of an arrest warrant in lieu of a summons; or (2) A summons having previously issued, the defendant failed to appear in response thereto, or some other valid reason is shown for the issuance of an arrest warrant. (c) More than one warrant or summons may issue on the same complaint or for the same defendant. NOTE: Section 15.20 supersedes former Rule 4(a) and former §§ 813 and 814(a). The section is based on Subdivisions (a) and (b) and portion of Subdivision (c) of proposed Rule 4 of the Federal Rules of Criminal Procedure. The section expresses a preference for the issuance of a summons except where there is a showing of need for an arrest warrant. A similar statement of policy is set forth in §§ 3.1 through 3.3 of ABA, Project on (Minimum) Standards for Criminal Justice Pretrial Release (Approved draft 1968). See also former Rule 9(a) (court could direct issuance of summons upon indictment or information). Normally, arrest will not be necessary. However, a warrant may be issued where there is reasonable cause to believe that the defendant will flee to avoid prosecution or will fail to respond to a summons or, in rare cases, that arrest is necessary to prevent imminent bodily injury to some person. See ABA, supra § 3.2. Rarely, if ever, will the complaint required by § 15.10 be sufficient to show probable cause. Instead, affidavits based on either personal knowledge or reliable information will be needed to establish the necessary facts and in some cases the judge may require the personal appearance of witnesses. See § 15.30. It should be noted that a warrant or summons may also be issued on an indictment. See § 15.40. However, the code no longer permits issuance on an information. Under the procedures now provided, an information is never filed until after the defendant's first appearance before the court. See §§ 1.17 and 45.50. Many arrests will, of course, not be based on a warrant at all. See §§ 20.15;20.20.