Kentucky Statutes 431.410 – When issuance of summons is mandatory
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The issuance of a summons rather than an arrest warrant shall be mandatory for all offenses, except for violations of KRS § 189.290, 189.393, 189.520, 189.580, 511.080 or
525.070, which are deemed violations as defined in KRS § 532.020(4) and traffic infractions for which a fine only can be imposed unless the judicial officer finds that:
(1) The defendant previously has failed to respond to a citation or summons for an offense; or
(2) He has no ties to the community and there is a substantial likelihood that he will refuse to respond to a summons; or
(3) The whereabouts of the defendant are unknown and the issuance of an arrest warrant is necessary in order to subject him to the jurisdiction of the court; or
(4) Where arrest is necessary to prevent imminent bodily harm to the accused or to another; or
(5) For any other good and compelling reason as determined by the judicial officer.
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 309, sec. 4, effective July 15, 1980. — Amended
1978 Ky. Acts ch. 249, sec. 1, effective June 17, 1978. — Created 1976 Ky. Acts ch.
373, sec. 2.
525.070, which are deemed violations as defined in KRS § 532.020(4) and traffic infractions for which a fine only can be imposed unless the judicial officer finds that:
Terms Used In Kentucky Statutes 431.410
- Arrest: Taking physical custody of a person by lawful authority.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Summons: Another word for subpoena used by the criminal justice system.
(1) The defendant previously has failed to respond to a citation or summons for an offense; or
(2) He has no ties to the community and there is a substantial likelihood that he will refuse to respond to a summons; or
(3) The whereabouts of the defendant are unknown and the issuance of an arrest warrant is necessary in order to subject him to the jurisdiction of the court; or
(4) Where arrest is necessary to prevent imminent bodily harm to the accused or to another; or
(5) For any other good and compelling reason as determined by the judicial officer.
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 309, sec. 4, effective July 15, 1980. — Amended
1978 Ky. Acts ch. 249, sec. 1, effective June 17, 1978. — Created 1976 Ky. Acts ch.
373, sec. 2.