Washington, DC asked in Criminal Law for District of Columbia

Q: Do you know of cases where the conviction was vacated because probable cause to pursue a trial was not done properly?

In this case, there was a probable cause hearing but there was never a police investigation. There were 2 complaining witnesses who stated the defendant committed a felony. A probable cause hearing is held and the police don't offer any additional information from an investigation aside from the complaining witnesses rendition of the events and the case is moved on for trial and the court charges the defendant with 6 felony counts.

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1 Lawyer Answer
  • Criminal Law Lawyer
  • Licenced in District of Columbia

A: Probable cause hearing is to determine if there is sufficient reason to hold the defendant in custody pending trial. If the defendant was charged with 6 counts he was indicted. The indictment is the charging document. The conviction would not be vacated because of a probable cause hearing.

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