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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.
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.
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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 .
In the present day, probable cause is determined by a judge in the preliminary hearing. In many circumstances, the attorney general can skip the preliminary hearing and have the case go directly to trial if it is in the interests of public safety.
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.
They were back in court on Thursday, April 4 for a bail hearing. Dejesus, described in court as the victim's "best friend," is charged with accessory to homicide after the fact.