Author Question: How soon after arrest must the probable cause hearing be held? What will be an ideal ... (Read 51 times)

robinn137 · **on:** Aug 17, 2018

How soon after arrest must the probable cause hearing be held?

What will be an ideal response?

Question 2

What is the preliminary hearing? What is its purpose? When is it required?

What will be an ideal response?

FergA · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

In Gerstein, the Court stated that if a probable cause hearing must be held, it must take place promptly after arrest.

Answer to Question 2

A preliminary hearing is not required by the Constitution (Lem Woon v. Oregon, 229 U.S. 586 1913). It is up to each state to determine under what circumstances it is required. Fortunately, most states, as well as the federal government, require preliminary hearings, at least to a certain extent. Whether a preliminary hearing is required typically depends on a jurisdiction's method of filing criminal charges. In jurisdictions that require that charges be filed in the form of a grand jury indictment, no preliminary hearing is required if the prosecutor secures an indictment within a specified time period.