QUESTION
What does it mean if a probable cause charge is filed but the judge doesn't sign it?
Asked on Aug 08th, 2012 on DUI/DWI - Texas
13 ANSWERS
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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There's no probable cause.
Answered on Jun 28th, 2013 at 9:09 PM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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It means that the judge was not satisfied with the prosecutors presentation and didn't believe there were enough facts to go ahead with the charge.
Answered on Aug 27th, 2012 at 12:11 PM
Michael J. Breczinski
There is no such thing as a probable cause charge. Probable cause is what the judge needs to find to issue a warrant or accept a complaint for some crime. the crime is something the person did. The probable cause is the level of evidence needed to charge someone. Basically probable cause means some evidence to believe a crime was committed.
Answered on Aug 16th, 2012 at 11:50 AM
Leonard A. Kaanta
The person who brings criminal charges is the prosecutor , not the judge.
Answered on Aug 16th, 2012 at 11:34 AM
A judge must make a finding that their is sufficient probable cause to support an arrest. If the judge finds their was insufficient evidence to support probable cause the charges will probably be dismissed.
Answered on Aug 16th, 2012 at 11:33 AM
Dennis P. Mikko
That the judge did not find probable cause.
Answered on Aug 16th, 2012 at 11:32 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If the judger does not find probable cause, then the case won't be filed until such time as the prosecutor can produce sufficient evidence to support such a finding and allow the case to go forward.
Answered on Aug 16th, 2012 at 11:32 AM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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Not sure I know what you are referring to. The prosecutor decides whether to bring a charge, not the judge. If you were charged with a felony, a preliminary examination (aka probable cause hearing) must be held. If the judge determines there is not probable cause, s/he will dismiss the charge.
Answered on Aug 16th, 2012 at 11:30 AM
Criminal Defense Attorney serving Anchorage, AK
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Buchholdt Law Offices
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Judges do not sign probable cause charges. Charges at signed by prosecutors, and the judge may find based upon the allegations contained in the charging document that there is probable cause to bind the defendant over. But if the judge finds that the charging document does not contain facts sufficient to establish probable cause, she/he will release the defendant at arraignment.
Answered on Aug 16th, 2012 at 11:23 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I don't know what a probable cause charge is. If the judge denied a warrant then either a search or arrest warrant was denied.
Answered on Aug 16th, 2012 at 11:22 AM
It means that the judge screwed up. But, there probably is no grounds for dismissal unless you can show that the prosecution filed it and didn't even bring before the judge or filed it anyway even through the judge did not find probable cause.
Answered on Aug 16th, 2012 at 10:31 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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It means that the judge did not grant it. You should contact a qualified attorney for further interpretation.
Answered on Aug 16th, 2012 at 10:30 AM
3 Awards
Did judge just forget or did he find no PC? If he found no PC then case is over.
Answered on Aug 16th, 2012 at 10:29 AM