Rule 5.5. Review of a Magistrate's Probable Cause Determination
Arizona Revised Statutes AnnotatedRules of Criminal Procedure
16A A.R.S. Rules Crim.Proc., Rule 5.5
Rule 5.5. Review of a Magistrate's Probable Cause Determination
(a) Grounds. The superior court may review a magistrate's determination to bind over a defendant only if the defendant files a motion for a new probable cause finding. The court may grant the motion only if the defendant was denied a substantial procedural right or the magistrate's probable cause finding was not supported by credible evidence. If the motion challenges the sufficiency of the evidence supporting the probable cause finding, it must state specifically the ways in which credible evidence was lacking.
Credits
Added Aug. 31, 2017, effective Jan. 1, 2018.
16A A. R. S. Rules Crim. Proc., Rule 5.5, AZ ST RCRP Rule 5.5
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
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