Rule 4 Arrest Warrant or Summons on an Information.

(a) Issuance. If one or more affidavits filed with the information establish probable cause to believe that an offense has been committed and that the defendant committed it, a warrant for the arrest of the defendant shall issue to any officer authorized by law to execute it. A summons instead of a warrant may issue if the prosecuting attorney filing the information has reason to believe that the defendant will appear in response thereto, or if the defendant is an organization. In any case in which it is lawful to arrest a person without a warrant, the officer may give such person a summons instead. If a defendant who has been duly summoned fails to appear, or if there is reasonable cause to believe that defendant will fail to appear, a warrant to arrest may issue. More than one warrant or summons may issue on the same information. If a defendant fails to appear in response to a summons, a judge or magistrate judge may issue a warrant. The finding of probable cause may be based upon hearsay evidence in whole or in part.

(b) Form.

(1) Warrant. An arrest warrant must:

(A) contain the defendant’s name or, if it is unknown, a name or description by which the defendant can be identified with reasonable certainty;

(B) describe the offense charged in the information;

(C) command that the defendant be arrested and brought without unnecessary delay before the court;

(D) be signed by a judge;

(E) state or contain the name of the court; and

(F) state or contain the date of the issuance of the warrant.

(2) Summons. A summons must be in the same form as a warrant except that it must require the defendant to appear before the court at a stated time and place. The summons shall be directed to the defendant named in the information and shall describe the offense charged in the information. The summons shall require the defendant to appear before the court in which the information is filed at a time and place stated therein and shall inform the defendant that failure to so appear will result in issuance of an arrest warrant.

(c) Execution or Service, and Return.

(1) By Whom. Only a peace officer as defined in 5 V.I.C. § 3561 or other authorized officer may execute a warrant or serve a summons.

(2) Territorial Limits. The warrant may be executed or the summons served at any place within this territory. The officer arresting a defendant in a judicial division other than the one in which the warrant was issued shall make a return thereon and, if the defendant desires to give bail forthwith, take the defendant without unnecessary delay before a judge of the Superior Court sitting in the division in which the arrest occurred, who may admit the defendant to bail conditioned for appearance before the court in the judicial division in which the warrant was issued at the time stated in the bond or recognizance. Otherwise, the defendant may be turned over to the arresting officers for transportation to the other judicial division without arraignment before the local judge. The court shall forward the bail forthwith to the clerk of the court for the judicial division in which the warrant was issued.

(3) Time Limit. [Reserved.]

(4) Manner.

(A) A warrant is executed by arresting the defendant. Upon arrest, an officer possessing the warrant, or a copy thereof, must show it to the defendant. The officer need not possess the warrant at the time of the arrest, but upon request shall show the warrant to the defendant as soon as possible. If not in possession of the warrant at the time of the arrest, the officer shall then inform the defendant of the offense charged and of the fact that a warrant has been issued.

(B) A summons is served on an individual defendant by delivering a copy to the defendant personally.

(C) Service of a summons upon a defendant organization shall be made in the same manner as provided in Rule 4 of the Virgin Islands Rules of Civil Procedure. In addition, a copy must also be mailed to the organization’s registered or resident agent and to the organization's last known address within the Virgin Islands or to its principal place of business elsewhere in the United States. If the summons shall be returned "not served" and it shall be made to appear to the satisfaction of the judge that the summons could not be served, the judge shall order the defendant corporation to cause its appearance and plea to be entered by a day certain. A copy of such order shall, within five days after the making thereof, be published in a newspaper, published in the area where the offense took place, at least once a week for four weeks; and also by mailing, prior to the last publication, a copy of the summons and order to the defendant, prepaid to the address where it usually received its mail unless it shall appear by affidavit that such place is unknown and cannot be ascertained after inquiry. If the defendant corporation shall not appear within the time limited by the order, the judge, on being satisfied that publication and service has been made in accordance with the provisions of this rule, shall enter an appearance and a plea of "not guilty" for the defendant corporation and further proceedings may then be had thereon in the same manner as if the said corporation had appeared and pleaded not guilty thereto. A plea or appearance by a defendant corporation must be made by an attorney at law of this territory.

(d) Warrant by Telephone or Other Reliable Electronic Means. In accordance with Rule 4.1, a judge may issue a warrant or summons based on information communicated by telephone or other reliable electronic means.

(e) Defective Warrant or Summons.

(1) Amendment. No person arrested under a warrant or appearing in response to a summons shall be discharged from custody nor may the charges be dismissed because of any informality in the warrant or summons, but the warrant or summons may be amended so as to remedy any such informality.

(2) Issuance of New Warrant or Summons. If during the initial appearance of any person arrested under a warrant or appearing in response to a summons, it appears that the warrant or summons does not properly name or describe the defendant, or the offense charged, the judge shall not dismiss the charges, but shall permit the prosecution to present a revised warrant or summons to cure the defect in the document at a time directed by the judge, but no later than the date of the arraignment.

(f) Appearance tickets. Procedures for use of appearance tickets shall conform to the requirements and procedures set forth in 5 V.I.C. § 3570 – § 3575.

Effective December 1, 2017 (Promulgation Order 2017-010)