Rule 3.1 - Issuance of Arrest Warrant or Summons(a)Issuance. Upon a finding of probable cause made pursuant to Rule 2.2, or upon a finding that such a determination has previously been made, the judge shall immediately cause to be issued an arrest warrant or, where not prohibited by law, a summons. More than one (1) summons or warrant may issue on the same charging affidavit.(b) Summons; Subsequent Issuance of Arrest Warrant. (1)Summons. Unless otherwise prohibited by law, the judge may issue a summons if: (A) the defendant is not in custody;(B) the offense charged is bailable as a matter of right; and(C) there is no reasonable cause to believe that the defendant will not obey the summons.(2)Subsequent Issuance of Arrest Warrant. After the issuance of a summons, the judge shall issue an arrest warrant if:(A) the defendant, having been duly summoned, fails to appear;(B) there is reasonable cause to believe that the defendant will fail to appear; or(C) the summons cannot be served or delivered for any reason.(c)Traffic Citations Unaffected. The use of tickets, citations, or affidavits for misdemeanor traffic violations shall be as otherwise provided by law.Comment
Rule 3.1(a) contemplates that a summons, where not prohibited by law, or arrest warrant shall issue upon a finding that a probable cause determination has been made, for example, by a competent court of another jurisdiction. See Miss. Code Ann. § 99-21-1.
Rule 3.1(b) gives the judge discretion to cause a summons to be issued, where not prohibited by law, in those cases in which an arrest warrant is not necessary to secure the presence of the defendant and there is little concern that the defendant will flee. Rule 3.1(b) makes no distinction between felony and misdemeanor cases.
Rule 3.1(c) provides that these Rules do not affect the use of tickets, citations, or affidavits for misdemeanor traffic violations. Traffic violations are governed by statute, e.g., the Uniform Traffic Ticket Law, Miss. Code Ann. § 63-9-21, and not these Rules.