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When is a probable cause hearing necessary?


A defendant has a right to a probable cause hearing in felony cases only before an indictment has been returned by a grand jury. State v. Lester, 294 N.C. 220 (1978).

What is a probable cause hearing in NC?

Probable Cause Hearing: If the defendant requests a probable cause hearing, a District Court Judge will determine whether there is probable cause for the felony with which the defendant is charged (or whether there is probable cause for a lesser felony offense).

What is a probable cause hearing Indiana?

The Prosecutor can submit a Probable Cause affidavit to a Judge asking for an arrest warrant to be issued if he believes that probable cause exists that the suspects committed the offense.

What is a probable cause hearing in Arkansas?

(a) (1) (A) Following the issuance of an emergency order, the circuit court shall hold a probable cause hearing within five (5) business days of the issuance of the ex parte order to determine if probable cause to issue the emergency order continues to exist.

What is a probable cause hearing in NJ?

During this hearing, the judge will listen to evidence of whether or not the alleged offender is a flight risk or a danger to their community to determine whether they should be detained or let go while a trial is pending.