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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.
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 ...
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.
The Michigan Supreme Court has designated the Berrien County Courts as a consolidation site for the merger of the District Court, Probate Court and Circuit Court into a single Trial Court. [ 13 ] The 6th District Court, which consisted of the cities of Benton Harbor and St. Joseph was merged into the 5th District Court in the 1970s to form a ...
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 .
After hearing the evidence and often jury instructions from the judge, the group retires for deliberation, to consider a verdict. The majority required for a verdict varies. In some cases it must be unanimous, while in other jurisdictions it may be a majority or supermajority.