Section 6.1 Preliminary Hearing Distinguished From Probable Cause Hearing
| Library | Criminal Practice 2012 Supp |
A. (§6.1) Preliminary Hearing Distinguished From Probable Cause Hearing
A preliminary hearing, as it is referred to in Rule 22.09, or preliminary examination, as it is called in § 544.250, RSMo 2000, is a proceeding in which a judge makes a legal determination as to whether sufficient evidence has been presented by the State of Missouri to hold the defendant over for trial on a felony complaint. The preliminary hearing is not the probable cause hearing referred to in the statutes and Rules for issuance of a warrant for an arrest. See Rule 22.04(a)(1); § 544.020, RSMo Supp. 2004. The determination of probable cause for an arrest is made either before the arrest warrant has been issued or when the...
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