Probable Cause Determination

On felony charges, a body independent from the prosecuting attorney, either a judge, at a preliminary hearing, or a grand jury reviews the charges to determine if there is sufficient evidence to make the charged person proceed to a full trial. Two types of charging documents are filed after a probable cause determination: an information or an indictment. If a judge finds probable cause then an information is filed. If a grand jury finds probable cause then an indictment is filed.

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