Pre-Trial Detention and Probabale Cause Determinations Flashcards
What does a pretrial detention motion need?
Certification that the state has testimony supporting the motion. Probabale cause determination. After first appearane any time before trial.
When is the final order of pretrial detention order due?
24 hours from the hearing.
How long can you stay in pretrial detention?
90 days.
What is Probable Cause Determinations for pretrial restraint?
A 4th amendment and the Fl declaration of rights have a probable cause provision that says this non adversaial determination (you and lawyer don’t need to be there) sets whether or not probable cause to detain a person has been met.
When a D is in jail without a probable cause arrest (warrentlyess arrest) how long can they be there?
48 hours after D was arrested, but judge can give upt to 2 24 hour extention if govmt can show extenuating circumstances.
When do you file a probable cause determination motion after you have been released before thi hearing has occured?
21 days after the arrest date.
Once the motion for a probable cause determination is filed the judge must reply within how many days?
7 days.
What is the standard of proof for probabale cause?
IF probable cause exist to beleive that a crime commited and the D commited the crime.
What happens if probable cause doesnt exist or is not made on time?
D must be released unless state filed information or indictment? IF those things are filed then they are relased and under summonds must appear under that new charge.
