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In the various states, a probable cause hearing is the preliminary hearing typically taking place before arraignment and before a serious crime goes to trial. The judge is presented with the basis of the prosecution 's case, and the defendant is afforded full right of cross-examination and the right to be represented by legal counsel .
In common law jurisdictions, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. At such a hearing, the defendant may be assisted by a lawyer.
County of Riverside v. McLaughlin, 500 U.S. 44 (1991), was a United States Supreme Court case which involved the question of within what period of time must a suspect arrested without a warrant (warrantless arrests) be brought into court to determine if there is probable cause for holding the suspect in custody.
The probable cause hearing is set for Aug. 12. The case will be moved to a different district court ahead of this hearing to avoid conflict of interest, the Wayne County Prosecutor's Office said.
Michigan has a statutory scheme, enacted in 1917, that quickly became known as the "one-man grand jury" law, allowing a judge to investigate whether probable cause exists to suspect a crime has been committed. The law authorizes a judge to investigate, subpoena witnesses, and issue arrest warrants, but not to issue indictments. [23]
Magistrate Judge Annie T. Christoff, of the U.S. District Court for the Western District of Tennessee, is scheduled to oversee a probable cause and detention hearing in U.S.A. versus Lisa Jeanine ...
In felony cases (generally, cases that are punishable by more than one year in prison), the district court will set the bail amount and hold a preliminary examination to determine if a crime was committed and if there is probable cause to believe the defendant committed the crime.
February 10, 1995 - After a detention hearing, Baker is again denied bail by a different judge. A defense appeal for bail bond is denied. Probable cause hearing scheduled for 2/17/95. Baker's lawyer appeals no-bail ruling to 6th Circuit Court in Cincinnati, Ohio. February 15, 1995 - Baker indicted by grand jury, negating need for probable cause ...