[directive] Ove~comi~g Standa~d,for 4.3.1 any committed has defendant the believe to cause probable is there where case any In under covered otherwise is not the case and offense persons disorderly or crime indictable charging of (presumption Section 4.5 or complaint-warrant) charging by (mandatory 4.4 Section an unless acomplaint-summons issue shall agency enforcement law a complaint-warrant), by this of 3.2 Section with accordance in consulted general attorney deputy or prosecutor assistant the by authorized and 3.3.2 subsection to pursuant designated officer supervisory or a Directive, that determines Directive, of this 4 Section under presumptions overcome to Prosecutor County or victim of a safety the protect necessary to reasonably is acomplaint-warrant for application to or required, when court in appearance defendant's the assure reasonably to community, the and process, justice criminal the obstruct to attempting or obstructing from defendant the prevent Rule to pursuant acomplaint-warrant for apply to basis lawful a is there that determines further amended.13 recently as 3:3-1(d) com laint- in char b of tion resum the overcome to e ud a authorizes P amended Y g g recentl P as P , d 3:3-1 Rule 13 g J ~ Y ) ~ that: finds judge the where summons 33 Page Complaint- by Charging of Presumption Overcoming for' Reasons Specking 4.3.2 Summons. presumption the notwithstanding acomplaint-warrant for apply to made is decision If the to officer judicial or court 4.3.1, the subsection pursuant to acomplaint-summons issuing of criterion specific the as to advised be shall made is acomplaint-warrant for application whom the the overcome to relies State which the upon 13, note see 3:3-1(d), Rule in enumerated criteria or is there (e.g., 3:3-1(c) Rule under established complaint-summons by charging of presumption reason to is there summons; a to response appear in will not defendant the that believe to reason is agency services pretrial the by conditions release pretrial of monitoring the that believe In etc.). community; the or person, specified other witness, victim, any protect to necessary to failed has and offense indictable prior any for summons a with served been has defendant (1) the appear; of safety the danger to pose will a or self, to dangerous defendant is that the believe reason to is there (2) summons; a on released if community or the person other any defendant; for the warrants outstanding more or one are there (3) to defendant the subject necessary to warrant is a and known not is address or identity defendant's (4) the court; the of jurisdiction the justice criminal the obstruct to attempt or obstruct will defendant the that believe reason to is there (5) summons; on a released if process or summons; a to response appear in will not defendant the that believe to reason is there (6) services pretrial the by conditions release pretrial of monitoring the that believe to reason is there (7) other witness, victim, any protect necessary to is 2A:162-25 N.J.S.A. to pursuant established program community. or the person, specified offenses persons disorderly to apply would which practice, court municipal governing rules VII Part The amended, recently as 7:2-2(e), Rule Specifically, provisions. comparable include court, municipal in heard after complaint-summons charging by of presumption the overcome officer to judicial other or judge a authorizes factors: following the considering to failed has offense and indictable prior for any summons with a served been has defendant (1) the appear; of safety the to danger a pose will or self to dangerous is defendant the that believe to reason is there (2) summons; on a released if community the or person other any defendant; the for warrants outstanding more or one is there (3) to defendant the subject to necessary is warrant a and known not is address or identity defendant's (4) the court; the of jurisdiction the justice criminal the obstruct to attempt or obstruct will defendant the that believe to reason is there (5) summons; on a released if process summons; a to response in appear not will defendant the that believe to reason is there (6) services pretrial the by conditions release pretrial of monitoring the that believe reason to is there (7) other witness, victim, any protect necessary to is 2A:162-25 N.J.S.A. to pursuant established program community. the or person, specified 34 Page law the 3:3-1(d), Rule in listed criterion/criteria applicable the identifying addition to or court shall the advise acomplaint-warrant for applying prosecutor or officer enforcement the overcome to upon State relies the circumstances or facts specific the to as officer judicial the of results 3:3-1(c) (e.g., the in Rule forth set complaint-summons by charging presumption of gang committed; crime was which the manner in the assessment; risk pretrial automated documenting Report Incident Enforcement (Preliminary Law Section 5 also See affiliation; etc.). Cause Probable of Affidavit in the reference by incorporated be to facts case-specific certain acomplaint-warrant). for application the of part as submitted Exception. without aComplaint-Warrant for Apply Must Enforcement Law Where Cases 4.4 Complaint-Warrant. by Charged Be Must That Crimes Specified 4.4.1 of 4 Section of provision any other notwithstanding and 3:3-1(e), Rule by required As probable is if there acomplaint-warrant for apply shall agency enforcement law a Directive, this committed: defendant the that believe to cause 2C:11-3); (N.J.S.A. murder 2C:11-4(a)); (N.J.S.A. manslaughter aggravated 2C:11-4(b)); (N.J.S.A. manslaughter 2C:14-2(a)); (N.J.S.A. assault sexual aggravated (c)); or 2C:14-2(b) (N.J.S.A. assault sexual 2C:15-1); (N.J.S.A. robbery 2C:15-2); (N.J.S~.A. carjacking or 2C:29-5(a)); (N.J.S.A. escape crimes. foregoing of any the commit to attempt14 an Detainees. Out-of-State o~ Federal, Jersey, New and Cases Extradition 4.4.2 has defendant the if Directive, this 4 Section of of provision other any Notwithstanding enforcement law 5 ~ charge, the Jersey New current for the state another from extradited been the of court the advise and acomplaint-warrant for apply shall arrest making the agency lawful a and law Jersey under New offense an for arrested is defendant If the extradition. as However, a offense. enumerated an commit to conspiracies to specifically refer not does Rule Court The 4 ~ Rule Court in the enumerated is that crime predicate a commit to conspiracy in a engaged person a matter, practical commission abetting the and with aiding or offense, predicate that commit to attempt an with charged be can often offense. of that the "where complaint-warrant by charged be defendant that the requires amended, recently as 3:3-1(e), Rule 5 ~ charge." current the for state another from extradited been has defendant Page 35 enforcement or law agency a any federal by defendant the against been lodged has detainer the of custody having agency enforcement law the other state, any or this State from agency defendant a If detainer.