Article 42.--CODE FOR MUNICIPAL COURTS; PROSECUTION AND ARREST
12-4209.Warrants or notices to appear; when issued;
limitations.
(a) The city attorney shall cause a notice to appear to be issued, except
that, if requested by the city attorney, a warrant for the accused shall be
issued if the municipal judge finds from the complaint, or from an affidavit or
affidavits filed with the complaint or from other evidence that there is
probable cause to believe both that a crime has been committed and that the
defendant has committed such crime.
(b) More than one warrant or notice to appear may be issued on the
same complaint.
(c) If a defendant fails to appear in response to a notice to appear, a
warrant shall be issued.
(d) Affidavits or sworn testimony in support of the probable cause
requirements of this section shall not be made available for examination
without a written order of the municipal judge, except that such affidavits or
testimony, when requested, shall be made available to the defendant or the
defendant's counsel for such disposition as either may desire.
(e) No warrant shall issue for an ordinance traffic infraction or an
ordinance cigarette or tobacco infraction unless the person charged has
received service of a notice to appear and has failed to appear
for the infraction.
History: L. 1973, ch. 61, § 12-4209;
L. 1984, ch. 39, § 28;
L. 1996, ch. 214, § 19;
L. 2004, ch. 71, § 3; July 1.
Article 42.--CODE FOR MUNICIPAL COURTS; PROSECUTION AND ARREST
12-4209.Warrants or notices to appear; when issued;
limitations.
(a) The city attorney shall cause a notice to appear to be issued, except
that, if requested by the city attorney, a warrant for the accused shall be
issued if the municipal judge finds from the complaint, or from an affidavit or
affidavits filed with the complaint or from other evidence that there is
probable cause to believe both that a crime has been committed and that the
defendant has committed such crime.
(b) More than one warrant or notice to appear may be issued on the
same complaint.
(c) If a defendant fails to appear in response to a notice to appear, a
warrant shall be issued.
(d) Affidavits or sworn testimony in support of the probable cause
requirements of this section shall not be made available for examination
without a written order of the municipal judge, except that such affidavits or
testimony, when requested, shall be made available to the defendant or the
defendant's counsel for such disposition as either may desire.
(e) No warrant shall issue for an ordinance traffic infraction or an
ordinance cigarette or tobacco infraction unless the person charged has
received service of a notice to appear and has failed to appear
for the infraction.
History: L. 1973, ch. 61, § 12-4209;
L. 1984, ch. 39, § 28;
L. 1996, ch. 214, § 19;
L. 2004, ch. 71, § 3; July 1.
Article 42.--CODE FOR MUNICIPAL COURTS; PROSECUTION AND ARREST
12-4209.Warrants or notices to appear; when issued;
limitations.
(a) The city attorney shall cause a notice to appear to be issued, except
that, if requested by the city attorney, a warrant for the accused shall be
issued if the municipal judge finds from the complaint, or from an affidavit or
affidavits filed with the complaint or from other evidence that there is
probable cause to believe both that a crime has been committed and that the
defendant has committed such crime.
(b) More than one warrant or notice to appear may be issued on the
same complaint.
(c) If a defendant fails to appear in response to a notice to appear, a
warrant shall be issued.
(d) Affidavits or sworn testimony in support of the probable cause
requirements of this section shall not be made available for examination
without a written order of the municipal judge, except that such affidavits or
testimony, when requested, shall be made available to the defendant or the
defendant's counsel for such disposition as either may desire.
(e) No warrant shall issue for an ordinance traffic infraction or an
ordinance cigarette or tobacco infraction unless the person charged has
received service of a notice to appear and has failed to appear
for the infraction.
History: L. 1973, ch. 61, § 12-4209;
L. 1984, ch. 39, § 28;
L. 1996, ch. 214, § 19;
L. 2004, ch. 71, § 3; July 1.