Rule 3:3-1. Issuance of a Complaint-Warrant (CDR-2) or a Complaint-Summons
(CDR-1)
(a) Issuance of a Complaint-Warrant (CDR-2). Except for citizen complaints for
indictable offenses, which must be issued by a judge pursuant to R. 3:2-1(a)(2), an
arrest warrant may be issued on a complaint only if:
(1) a judicial officer finds from the complaint or an accompanying
affidavit or deposition, that there is probable cause to believe that an offense was
committed and that the defendant committed it and notes that finding on the warrant;
and
(2) a judicial officer finds that paragraphs (d), (e), or (f) of this rule allow a
warrant rather than a summons to be issued.
(b) Issuance of a Complaint-Summons (CDR-1). Except for citizen complaints for
indictable offenses, which must be issued by a judge pursuant to R. 3:2-1(a)(2), a
summons may be issued on a complaint only if:
(1) a judicial officer finds from the complaint or an accompanying affidavit
or deposition, that there is probable cause to believe that an offense was committed and
that the defendant committed it and notes that finding on the summons; or
(2) the law enforcement officer who made the complaint, issues the
summons.
(c) Offenses Where Issuance of a Complaint-Summons (CDR-1) is Presumed.
Unless issuance of a complaint-warrant is authorized pursuant to paragraph (d) of this
rule, a complaint-summons rather than a complaint-warrant shall be issued when a
defendant is charged with an offense other than one set forth in paragraphs (e) or (f) of
this rule.
(d) Grounds for Overcoming the Presumption of Issuance of a ComplaintSummons
(CDR-1). Notwithstanding the presumption that a complaint-summons shall
be issued when a defendant is charged with an offense other than one set forth in
paragraphs (e) or (f) of this rule, when a law enforcement officer prepares a complaintwarrant
rather than a complaint-summons in accordance with guidelines issued by the
Attorney General pursuant to N.J.S.A. 2A:162-16, the judicial officer may issue a
complaint-warrant when the judicial officer finds pursuant to paragraph (a) of this rule
that there is probable cause to believe that the defendant committed the offense, and
has reason to believe, based on one or more of the following factors, that a complaintwarrant
is needed to reasonably assure a defendant’s appearance in court when
required, to protect the safety of any other person or the community, or to assure that
the defendant will not obstruct or attempt to obstruct the criminal justice process:
(1) the defendant has been served with a summons for any prior
indictable offense and has failed to appear;
(2) there is reason to believe that the defendant is dangerous to self, or
will pose a danger to the safety of any other person or the community if released on a
summons;
(3) there are one or more outstanding warrants for the defendant;
(4) the defendant’s identity or address is not known and a warrant is
necessary to subject the defendant to the jurisdiction of the court;
(5) there is reason to believe that the defendant will obstruct or attempt
to obstruct the criminal justice process if released on a summons;
(6) there is reason to believe that the defendant will not appear in
response to a summons; or
(7) there is reason to believe that the monitoring of pretrial release
conditions by the pretrial services program established pursuant to N.J.S.A. 2A:162-
25 is necessary to protect any victim, witness, other specified person, or the
community.
When the application for a complaint-warrant is based on reason to believe that
the defendant will not appear in response to a summons, will pose a danger to the
safety of any other person or the community, or will obstruct or attempt to obstruct the
criminal justice process if released on a summons, the judicial officer shall consider the
results of any available preliminary public safety assessment using a risk assessment
instrument approved by the Administrative Director of the Courts pursuant to N.J.S.A.
2A:162-25, and shall also consider, when such information is available, whether within
the preceding ten years the defendant as a juvenile was adjudicated delinquent for
escape, a crime involving a firearm, or a crime that if committed by an adult would be
subject to the No Early Release Act (N.J.S.A. 2C:43-7.2), or an attempt to commit any
of the foregoing offenses. The judicial officer shall also consider any additional
relevant information provided by the law enforcement officer or prosecutor applying for
the complaint-warrant.
(e) Offenses Where Issuance of a Complaint-Warrant (CDR-2) Is Required. A
complaint-warrant shall be issued when a judicial officer finds pursuant to R. 3:3-1(a)
that there is probable cause to believe that the defendant committed murder,
aggravated manslaughter, manslaughter, aggravated sexual assault, sexual assault,
robbery, carjacking, or escape, or attempted to commit any of the foregoing crimes, or
where the defendant has been extradited from another state for the current charge.
(f) Offenses Where Issuance of a Complaint-Warrant (CDR-2) is Presumed.
Unless issuance of a complaint-summons rather than a complaint-warrant is authorized
pursuant to paragraph (g) of this rule, a complaint-warrant shall be issued when a
judicial officer finds pursuant to paragraph (a) of this rule that there is probable cause to
believe that the defendant committed a violation of Chapter 35 of Title 2C that
constitutes a first or second degree crime, a crime involving the possession or use of a
firearm, or the following first or second degree crimes subject to the No Early Release
Act (N.J.S.A. 2C:43-7.2), vehicular homicide (N.J.S.A. 2C:11-5), aggravated assault
(N.J.S.A. 2C:12-1(b)), disarming a law enforcement officer (N.J.S.A. 2C:12-11),
kidnapping (N.J.S.A. 2C:13-1), aggravated arson (N.J.S.A. 2C:17-1(a)(1)), burglary
(N.J.S.A. 2C:18-2), extortion (N.J.S.A. 2C:20-5), booby traps in manufacturing or
distribution facilities (N.J.S.A. 2C:35-4.1(b)), strict liability for drug induced deaths
(N.J.S.A. 2C:35- 9), terrorism (N.J.S.A. 2C:38-2), producing or possessing chemical
weapons, biological agents or nuclear or radiological devices (N.J.S.A. 2C:38-3),
racketeering (N.J.S.A. 2C:41-2), firearms trafficking (N.J.S.A. 2C:39-9(i)), causing or
permitting a child to engage in a prohibited sexual act knowing that the act may be
reproduced or reconstructed in any manner, or be part of an exhibition or performance
(N.J.S.A. 2C:24-4(b)(3)) or finds that there is probable cause to believe that the
defendant attempted to commit any of the foregoing crimes.
(g) Grounds for Overcoming the Presumption of Issuance of a ComplaintWarrant
(CDR-2). Notwithstanding the presumption that a complaint-warrant shall be
issued when a defendant is charged with an offense set forth in paragraph (f) of this
rule: (1) a judicial officer may authorize issuance of a complaint-summons rather than a
complaint-warrant if the judicial officer finds that were the defendant to be released
without imposing or monitoring any conditions authorized under N.J.S.A. 2A:162-17,
there are reasonable assurances that the defendant will appear in court when required,
the safety of any other person or the community will be protected, and the defendant will
not obstruct or attempt to obstruct the criminal justice process. The judicial officer shall
not make such finding without considering the results of a preliminary public safety
assessment using a risk assessment instrument approved by the Administrative
Director of the Courts pursuant to N.J.S.A. 2A:162-25, and without also considering
whether within the preceding ten years the defendant as a juvenile was adjudicated
delinquent for escape, a crime involving a firearm, or a crime that if committed by an
adult would be subject to the No Early Release Act (N.J.S.A. 2C:43-7.2), or an attempt
to commit any of the foregoing offenses. The judicial officer shall also consider any
additional information provided by a law enforcement officer or the prosecutor relevant
to the pretrial release decision; or (2) a law enforcement officer may issue a summons
in accordance with guidelines issued by the Attorney General pursuant to N.J.S.A.
2A:162-16.
(h) Finding of No Probable Cause. If a judicial officer finds that there is no
probable cause to believe that an offense was committed or that the defendant
committed it, the officer shall not issue a warrant or summons on the complaint. If the
finding is made by an officer other than a judge, the finding shall be reviewed by a
judge. If the judge finds no probable cause, the judge shall not issue the complaint.
(i) Additional Warrants or Summonses. More than one warrant or summons
may issue on the same complaint.
(j) Process Against Corporations. A complaint-summons (CDR-1) rather than a
complaint-warrant (CDR-2) shall issue if the defendant is a corporation. If a corporation
fails to appear in response to a summons, the court shall proceed as if the corporation
appeared and entered a plea of not guilty.
Note: Source -- R.R. 3:2-2(a) (1) (2) (3) and (4); paragraph (a) amended, new paragraph (b)
adopted and former paragraphs (b) and (c) redesignated as (c) and (d) respectively July 21, 1980 to be
effective September 8, 1980; paragraph (b) amended and paragraph (e) adopted July 16, 1981 to be
effective September 14, 1981; paragraph (b) amended July 22, 1983 to be effective September 12, 1983; caption and paragraph (a) amended and paragraph (f) adopted July 26, 1984 to be effective September 10, 1984; paragraph (b) amended January 5, 1988 to be effective February 1, 1988; captions and text of paragraphs (a), (b), (c), (e) and (f) amended and paragraph (g) adopted July 13, 1994, to be effective January 1, 1995; text of paragraph (a) amended December 9, 1994, to be effective January 1, 1995; paragraphs (a), (c), (e), (f), and (g) deleted, paragraph (b) amended and redesignated as paragraph (c), paragraph (d) amended and redesignated as paragraph (e), new paragraphs (a), (b), (d), and (f) adopted July 5, 2000 to be effective September 5, 2000; paragraphs (a) and (b) amended, former paragraph (c) deleted, caption and text amended, paragraph (b) amended, former paragraph (c) deleted, new paragraphs (c), (d), (e), (f), and (g) adopted, and former paragraphs (d), (e) and (f) redesignated as (h), (i) and (j) August 30, 2016 to be effective January 1, 2017; caption amended, paragraphs (a), (b), (c), (d), (e), (f), and (g) caption and text amended, and paragraphs (h) and (j) amended August 2, 2019 to be effective January 1, 2020.
(CDR-1)
(a) Issuance of a Complaint-Warrant (CDR-2). Except for citizen complaints for
indictable offenses, which must be issued by a judge pursuant to R. 3:2-1(a)(2), an
arrest warrant may be issued on a complaint only if:
(1) a judicial officer finds from the complaint or an accompanying
affidavit or deposition, that there is probable cause to believe that an offense was
committed and that the defendant committed it and notes that finding on the warrant;
and
(2) a judicial officer finds that paragraphs (d), (e), or (f) of this rule allow a
warrant rather than a summons to be issued.
(b) Issuance of a Complaint-Summons (CDR-1). Except for citizen complaints for
indictable offenses, which must be issued by a judge pursuant to R. 3:2-1(a)(2), a
summons may be issued on a complaint only if:
(1) a judicial officer finds from the complaint or an accompanying affidavit
or deposition, that there is probable cause to believe that an offense was committed and
that the defendant committed it and notes that finding on the summons; or
(2) the law enforcement officer who made the complaint, issues the
summons.
(c) Offenses Where Issuance of a Complaint-Summons (CDR-1) is Presumed.
Unless issuance of a complaint-warrant is authorized pursuant to paragraph (d) of this
rule, a complaint-summons rather than a complaint-warrant shall be issued when a
defendant is charged with an offense other than one set forth in paragraphs (e) or (f) of
this rule.
(d) Grounds for Overcoming the Presumption of Issuance of a ComplaintSummons
(CDR-1). Notwithstanding the presumption that a complaint-summons shall
be issued when a defendant is charged with an offense other than one set forth in
paragraphs (e) or (f) of this rule, when a law enforcement officer prepares a complaintwarrant
rather than a complaint-summons in accordance with guidelines issued by the
Attorney General pursuant to N.J.S.A. 2A:162-16, the judicial officer may issue a
complaint-warrant when the judicial officer finds pursuant to paragraph (a) of this rule
that there is probable cause to believe that the defendant committed the offense, and
has reason to believe, based on one or more of the following factors, that a complaintwarrant
is needed to reasonably assure a defendant’s appearance in court when
required, to protect the safety of any other person or the community, or to assure that
the defendant will not obstruct or attempt to obstruct the criminal justice process:
(1) the defendant has been served with a summons for any prior
indictable offense and has failed to appear;
(2) there is reason to believe that the defendant is dangerous to self, or
will pose a danger to the safety of any other person or the community if released on a
summons;
(3) there are one or more outstanding warrants for the defendant;
(4) the defendant’s identity or address is not known and a warrant is
necessary to subject the defendant to the jurisdiction of the court;
(5) there is reason to believe that the defendant will obstruct or attempt
to obstruct the criminal justice process if released on a summons;
(6) there is reason to believe that the defendant will not appear in
response to a summons; or
(7) there is reason to believe that the monitoring of pretrial release
conditions by the pretrial services program established pursuant to N.J.S.A. 2A:162-
25 is necessary to protect any victim, witness, other specified person, or the
community.
When the application for a complaint-warrant is based on reason to believe that
the defendant will not appear in response to a summons, will pose a danger to the
safety of any other person or the community, or will obstruct or attempt to obstruct the
criminal justice process if released on a summons, the judicial officer shall consider the
results of any available preliminary public safety assessment using a risk assessment
instrument approved by the Administrative Director of the Courts pursuant to N.J.S.A.
2A:162-25, and shall also consider, when such information is available, whether within
the preceding ten years the defendant as a juvenile was adjudicated delinquent for
escape, a crime involving a firearm, or a crime that if committed by an adult would be
subject to the No Early Release Act (N.J.S.A. 2C:43-7.2), or an attempt to commit any
of the foregoing offenses. The judicial officer shall also consider any additional
relevant information provided by the law enforcement officer or prosecutor applying for
the complaint-warrant.
(e) Offenses Where Issuance of a Complaint-Warrant (CDR-2) Is Required. A
complaint-warrant shall be issued when a judicial officer finds pursuant to R. 3:3-1(a)
that there is probable cause to believe that the defendant committed murder,
aggravated manslaughter, manslaughter, aggravated sexual assault, sexual assault,
robbery, carjacking, or escape, or attempted to commit any of the foregoing crimes, or
where the defendant has been extradited from another state for the current charge.
(f) Offenses Where Issuance of a Complaint-Warrant (CDR-2) is Presumed.
Unless issuance of a complaint-summons rather than a complaint-warrant is authorized
pursuant to paragraph (g) of this rule, a complaint-warrant shall be issued when a
judicial officer finds pursuant to paragraph (a) of this rule that there is probable cause to
believe that the defendant committed a violation of Chapter 35 of Title 2C that
constitutes a first or second degree crime, a crime involving the possession or use of a
firearm, or the following first or second degree crimes subject to the No Early Release
Act (N.J.S.A. 2C:43-7.2), vehicular homicide (N.J.S.A. 2C:11-5), aggravated assault
(N.J.S.A. 2C:12-1(b)), disarming a law enforcement officer (N.J.S.A. 2C:12-11),
kidnapping (N.J.S.A. 2C:13-1), aggravated arson (N.J.S.A. 2C:17-1(a)(1)), burglary
(N.J.S.A. 2C:18-2), extortion (N.J.S.A. 2C:20-5), booby traps in manufacturing or
distribution facilities (N.J.S.A. 2C:35-4.1(b)), strict liability for drug induced deaths
(N.J.S.A. 2C:35- 9), terrorism (N.J.S.A. 2C:38-2), producing or possessing chemical
weapons, biological agents or nuclear or radiological devices (N.J.S.A. 2C:38-3),
racketeering (N.J.S.A. 2C:41-2), firearms trafficking (N.J.S.A. 2C:39-9(i)), causing or
permitting a child to engage in a prohibited sexual act knowing that the act may be
reproduced or reconstructed in any manner, or be part of an exhibition or performance
(N.J.S.A. 2C:24-4(b)(3)) or finds that there is probable cause to believe that the
defendant attempted to commit any of the foregoing crimes.
(g) Grounds for Overcoming the Presumption of Issuance of a ComplaintWarrant
(CDR-2). Notwithstanding the presumption that a complaint-warrant shall be
issued when a defendant is charged with an offense set forth in paragraph (f) of this
rule: (1) a judicial officer may authorize issuance of a complaint-summons rather than a
complaint-warrant if the judicial officer finds that were the defendant to be released
without imposing or monitoring any conditions authorized under N.J.S.A. 2A:162-17,
there are reasonable assurances that the defendant will appear in court when required,
the safety of any other person or the community will be protected, and the defendant will
not obstruct or attempt to obstruct the criminal justice process. The judicial officer shall
not make such finding without considering the results of a preliminary public safety
assessment using a risk assessment instrument approved by the Administrative
Director of the Courts pursuant to N.J.S.A. 2A:162-25, and without also considering
whether within the preceding ten years the defendant as a juvenile was adjudicated
delinquent for escape, a crime involving a firearm, or a crime that if committed by an
adult would be subject to the No Early Release Act (N.J.S.A. 2C:43-7.2), or an attempt
to commit any of the foregoing offenses. The judicial officer shall also consider any
additional information provided by a law enforcement officer or the prosecutor relevant
to the pretrial release decision; or (2) a law enforcement officer may issue a summons
in accordance with guidelines issued by the Attorney General pursuant to N.J.S.A.
2A:162-16.
(h) Finding of No Probable Cause. If a judicial officer finds that there is no
probable cause to believe that an offense was committed or that the defendant
committed it, the officer shall not issue a warrant or summons on the complaint. If the
finding is made by an officer other than a judge, the finding shall be reviewed by a
judge. If the judge finds no probable cause, the judge shall not issue the complaint.
(i) Additional Warrants or Summonses. More than one warrant or summons
may issue on the same complaint.
(j) Process Against Corporations. A complaint-summons (CDR-1) rather than a
complaint-warrant (CDR-2) shall issue if the defendant is a corporation. If a corporation
fails to appear in response to a summons, the court shall proceed as if the corporation
appeared and entered a plea of not guilty.
Note: Source -- R.R. 3:2-2(a) (1) (2) (3) and (4); paragraph (a) amended, new paragraph (b)
adopted and former paragraphs (b) and (c) redesignated as (c) and (d) respectively July 21, 1980 to be
effective September 8, 1980; paragraph (b) amended and paragraph (e) adopted July 16, 1981 to be
effective September 14, 1981; paragraph (b) amended July 22, 1983 to be effective September 12, 1983; caption and paragraph (a) amended and paragraph (f) adopted July 26, 1984 to be effective September 10, 1984; paragraph (b) amended January 5, 1988 to be effective February 1, 1988; captions and text of paragraphs (a), (b), (c), (e) and (f) amended and paragraph (g) adopted July 13, 1994, to be effective January 1, 1995; text of paragraph (a) amended December 9, 1994, to be effective January 1, 1995; paragraphs (a), (c), (e), (f), and (g) deleted, paragraph (b) amended and redesignated as paragraph (c), paragraph (d) amended and redesignated as paragraph (e), new paragraphs (a), (b), (d), and (f) adopted July 5, 2000 to be effective September 5, 2000; paragraphs (a) and (b) amended, former paragraph (c) deleted, caption and text amended, paragraph (b) amended, former paragraph (c) deleted, new paragraphs (c), (d), (e), (f), and (g) adopted, and former paragraphs (d), (e) and (f) redesignated as (h), (i) and (j) August 30, 2016 to be effective January 1, 2017; caption amended, paragraphs (a), (b), (c), (d), (e), (f), and (g) caption and text amended, and paragraphs (h) and (j) amended August 2, 2019 to be effective January 1, 2020.
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