16-5-207. Standards and criteria relating to issuance of summons in lieu of warrant.

Statute text

(1) A summons shall be issued instead of a warrant in all petty offenses and all unclassified offenses which are punishable by a maximum penalty of six months' imprisonment or less, except in those cases where the court finds that:

(a) The defendant has previously failed to respond to a summons for an offense; or

(b) There is a substantial likelihood that the defendant will not respond to a summons; or

(c) The whereabouts of the defendant is unknown and the issuance of an arrest warrant is necessary in order to subject him to the jurisdiction of the court.

(2) Except in class 1, class 2, and class 3 felonies or level 1 or level 2 drug felonies, the general policy shall favor issuance of a summons instead of a warrant for the arrest of the defendant except where there is reasonable ground to believe that, unless taken into custody, the defendant will flee to avoid prosecution or will fail to respond to a summons. The court shall issue a summons instead of an arrest warrant when the prosecuting attorney so requests. When an application is made to a court for issuance of an arrest warrant or summons, the court may require the applicant to provide such information as reasonably is available concerning the following:

(a) The defendant's residence;

(b) The defendant's employment;

(c) The defendant's family relationships;

(d) The defendant's past history of response to legal process; and

(e) The defendant's past criminal record.

History

Source: L. 72: R&RE, p. 216, 1. C.R.S. 1963: 39-5-207. L. 2013: IP(2) amended, (SB 13-250), ch. 333, p. 1928, 39, effective October 1. L. 2021: IP(1) amended, (SB 21-271), ch. 462, p. 3163, 171, effective March 1, 2022.