Current through Register Vol. 54, No. 39, September 28, 2024
Rule 509 - Use of Summons or Warrant of Arrest in Court CasesIf 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).The provisions of this Rule 509 amended August 24, 2004, effective 8/1/2005, 34 Pa.B. 5016; amended June 30, 2005, effective 8/1/2006, 35 Pa.B. 3901; amended May 1, 2007, effective 9/4/2007, 37 Pa.B. 2496; amended September 18, 2008, effective 2/1/2009, 38 Pa.B. 5425.