Rule 3. Complaint, Arrest Warrant, Arrest, Summons and Release Prior to Arraignment

(a) Complaint. The complaint is a signed written statement of the essential facts constituting the offense charged. A circuit court-district division complaint charging a class A misdemeanor or felony shall be signed under oath, provided that a complaint filed by a police officer, as defined in RSA 106-L:2, I, for a violation-level offense or a class B misdemeanor shall not require an oath. Unless otherwise prohibited by law, the court may permit a complaint to be amended if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced.

(b) Issuance of Arrest Warrant. If it appears from a sworn application for an arrest warrant that there is probable cause to believe that an offense has been committed, and that the defendant committed the offense, an arrest warrant for the defendant may be issued.

(c) Arrest. When a person is arrested with a warrant, the complaint, and the return form documenting the arrest shall be filed with the circuit court in compliance with these rules.  If a person is arrested without a warrant, the complaint shall be filed in compliance with these rules and, if the person is detained in lieu of bail, an affidavit, or statement signed under oath, if filed electronically, that complies with Gerstein v. Pugh, 420 U.S. 103 (1975) must be filed.

(d) Summons. When the complaint charges a felony, a summons may not be issued. In any case in which a peace officer has probable cause to believe that a person has committed a misdemeanor or violation, the officer may issue to the person in hand a written summons in lieu of arrest, except when issuance of a summons is prohibited by law.  In any other misdemeanor or violation case in which an arrest warrant would be lawful, the person authorized by law to issue an arrest warrant may issue a summons if the person deems an arrest unnecessary. A summons shall be in the form required by statute.  See RSA 594:14. If a defendant, after receiving notice of the hearing date, fails to appear as required by the summons, a warrant may be issued. A person who fails to appear in response to a summons may be charged with a misdemeanor as provided by statute. Upon issuance of a summons, the complaint and summons shall be filed with a court of competent jurisdiction without unreasonable delay but no later than 14 days prior to the date of arraignment.