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What does it mean to have a probable cause hearing?

What does it mean to have a probable cause hearing?

“Probable cause hearing” may refer to a preliminary hearing that happens well after the filing of charges, at which the court hears testimony in order to determine whether it’s more likely than not that the defendant committed the alleged crimes. If the court finds “probable cause,” then the case may proceed to trial.

What happens if the court finds probable cause?

If the court finds “probable cause,” then the case may proceed to trial. But “probable cause hearing” typically refers to a quicker proceeding involving a determination that there was a valid basis for arrest—that determination allows the authorities to continue to confine a defendant who hasn’t bailed out of jail or been released on “OR.”

When is probable cause required for an arrest?

The Fourth Amendment requires courts to confirm that an arrest is supported by probable cause either before or shortly after officers take a suspect into custody.

Can a police officer delay a probable cause hearing?

Even if the hearing occurs within the required period, a constitutional violation still may arise if law enforcement delayed the hearing for improper reasons, such as looking for evidence to support probable cause.

When do you need a probable cause hearing?

States may require a hearing within 24 hours after an arrest, but the U.S. Supreme Court has ruled that 48 hours is close enough for constitutional purposes.

If the court finds “probable cause,” then the case may proceed to trial. But “probable cause hearing” typically refers to a quicker proceeding involving a determination that there was a valid basis for arrest—that determination allows the authorities to continue to confine a defendant who hasn’t bailed out of jail or been released on “OR.”

When was the determination of probable cause promulgated?

Chief Justice of the District Court Department, 416 Mass. 221 (1993), dealing with the topic of obtaining a judicial determination of probable cause for persons held in custody after a warrantless arrest. It is based on the procedure promulgated in 1994 by Trial Court Rule XI.

Can a defendant refuse to appear at a probable cause hearing?

Defendant’s Rights. They can cross-examine the prosecution’s witnesses and contest the assertion of probable cause. A defendant also has the right to waive a preliminary hearing, essentially conceding that probable cause existed, which often occurs in situations where the probable cause is obvious and manifest.