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Rule 5.4. Determining Probable Cause

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: July 1, 2023

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
II. Preliminary Proceedings
Rule 5. Preliminary Hearing (Refs & Annos)
Effective: July 1, 2023
16A A.R.S. Rules Crim.Proc., Rule 5.4
Rule 5.4. Determining Probable Cause
(a) Holding a Defendant to Answer. If a magistrate finds that there is probable cause to believe that an offense has been committed and that the defendant committed it, the magistrate must file a written order holding the defendant to answer for the offense before the superior court. Upon request, the magistrate may reconsider the conditions of release. Upon the State's request, this rule's requirements are satisfied if a probable cause or proof evident or presumption great finding was made at a bail eligibility hearing under Rule 7.2(b)(4).
(b) Amending the Complaint. A magistrate may grant a motion to amend a complaint so that its factual allegations conform to the evidence, but the magistrate must not hold the defendant to answer for crimes different than those charged in the original complaint.
(c) Evidence. A magistrate must base a probable cause finding on substantial evidence, which may include hearsay in the following forms:
(1) a written report of an expert witness;
(2) documentary evidence, even without foundation, if there is a substantial basis for believing that foundation will be available at trial and the document is otherwise admissible; or
(3) a witness's testimony about another person's declarations if such evidence is cumulative or if there are reasonable grounds to believe that the declarant will be personally available for trial.
(d) Lack of Probable Cause. The magistrate must dismiss the complaint and discharge the defendant if a magistrate finds that there is not probable cause to believe that an offense has been committed or that the defendant committed it.
(v) Victims' Rights. The victim has a right to be heard whenever the defendant under (a) requests a magistrate to reconsider the conditions of the defendant's release.

Credits

Added Aug. 31, 2017, effective Jan. 1, 2018. Amended Sept. 28, 2017, effective April 2, 2018; Aug. 27, 2019, effective Jan. 1, 2020; Dec. 8, 2022, effective July 1, 2023.
16A A. R. S. Rules Crim. Proc., Rule 5.4, AZ ST RCRP Rule 5.4
State Court Rules are current with amendments received through April 15, 2024. The Code of Judicial Administration is current with amendments received through April 15, 2024.
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