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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. If the ...
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.
Bland, who was arrested at his home on Nov. 26, has a probable cause hearing scheduled for Dec. 10, when both sides typically discuss possible plea agreements, bond issues and evidence to be ...
A probable cause hearing for Lazo has been scheduled for Nov. 15 at 9 a.m. Nour Rahal is a trending and breaking news reporter. Email her nrahal@freepress.com. Follow her on Twitter @nrahal1 .
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]
The Bill of Rights in the National Archives. The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights.It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be ...