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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.
Terminology varies from country to country, and there are different types of hearings under different legal systems. A preliminary hearing (also known as evidentiary hearing, probable cause hearing, and other variant terms) is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial.
The main purpose of the hearing is to uncover the facts related to the implosion and to make recommendations, Neubauer. ... its own determination as to the probable cause, according to Marcel ...
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 ...
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 affidavit of probable cause said Thomas tried to set his father's body on fire with a lighter after he moved it to a bathroom. When that failed, Thomas cleaned the knife and cleaned up areas ...
The court defined this new, lesser standard of "reasonable suspicion" as being less than "probable cause" but more than just a hunch, stating that "the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant [the] intrusion." [12]