431.410 When issuance of summons is mandatory.

155 words·~1 min read·/ky/chapter-431/431-410

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.