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When is a probable cause hearing necessary? B. is issued by a bailiff. The person may waive the hearing. Study with Quizlet and memorize flashcards containing terms like ________ courts are low-level courts that focus on quality-of-life crimes that erode a neighborhood's morale. The prosecutor calls witnesses to testify, and can introduce physical evidence also in an effort to persuade the judge, who presides at the hearing and renders the decision, that the case should go to trial. There is an emphasis on community protection. (b) Selecting a District. Selecting which form of indigent defense will be provided During a probable cause hearing, your lawyer may decide to combat some or all of the evidence collected against you. Which of the following is a mitigating circumstance? A person should consult with a qualified criminal defense lawyer to make sure that they safeguard their rights concerning a probable cause hearing. Did 1964); Ross v. Sirica, 380 F.2d 557, 565 (D.C. Cir. The prosecutor could decide that there is not enough evidence to prove at a trial that the defendant is guilty beyond a reasonable doubt. Probable cause is the reasonable belief by a law enforcement officer that an individual is committing a crime, has committed a crime, or will commit a crime and is based solely on facts. A written transcript may be provided under subdivision (c)(2) at the discretion of the court, a discretion which must be exercised in accordance with Britt v. North Carolina, 404 U.S. 226, 30 L.Ed.2d 400, 405 (1971): A defendant who claims the right to a free transcript does not, under our cases, bear the burden of proving inadequate such alternatives as may be suggested by the State or conjured up by a court in hindsight. C. separating A probable cause hearing is part of the pre- trial stages of a criminal case. Under those procedures, approval by Congress of this rule change would supersede the parallel provisions in 18 U.S.C. But law enforcement officers are also considered to be reliable transmitters of information from official channels.