Rule 21.03 - Misdemeanors - Summons or Warrant of Arrest - when Issued(a) When an information is filed pursuant to Rule 21.02, a summons shall be issued unless the court finds that sufficient facts have been stated to show probable cause that a misdemeanor has been committed and there are reasonable grounds to believe: (1) The defendant will not appear upon the summons; or(2) The defendant poses a danger to a crime victim, the community, or any other person.If the court so finds, a warrant of arrest for the defendant may be issued.
(b) When an indictment charging the commission of a misdemeanor is returned, either a summons or warrant of arrest may be issued.(c) When an information or indictment charges a corporation with the commission of a misdemeanor, a summons shall be issued.(d) If a warrant is issued under this Rule, the court shall take into account, on the basis of available information, which may include a written recommendation from the State, the factors set forth in Rule 33.01(e) when setting the condition or combination of conditions of release, if any, required by Rule 33.01(b) and allowed by Rule 33.01(c).Adopted June 13, 1979, eff. 1/1/1980. Amended June 16, 1998, eff. 7/1/1999; 2/19/1999, eff. 1/1/2000; 1/28/2002, eff. 1/1/2003; amended December 18, 2018, eff. 7/1/2019; amended June 30, 2019, eff. 1/1/2020.Committee Note - 1979
The source is prior Rule 21.05. There is a change in that a summons would be used to secure the presence of the defendant in most cases and a warrant of arrest would be used for that purpose only if there are reasonable grounds for the court to believe that a summons will not cause the defendant to appear.