PROCEEDINGS IN CRIMINAL CASES
CRIMINAL PROCEDURE IN SUPERIOR COURT
592-B:7 Probable Cause.
I. A defendant may challenge probable cause during the period from arrest to indictment by motion requesting a probable cause hearing under the following conditions:
(a) A complaint has been filed in superior court;
(b) The defendant has not been indicted by the grand jury; and
(c) The defendant asserts a claim that a material element of the charge is without factual basis or that the charge is legally insufficient to constitute a felony offense.
II. Upon review of the motion, the court shall determine whether a hearing is necessary to assist the court in its determination of probable cause. The court shall not unreasonably deny a request for a hearing. If a hearing is scheduled, it shall be held as soon as the court docket permits, but in any event within 10 days of the filing of the motion if the defendant is incarcerated and within 20 days of the filing of the motion if the defendant is not incarcerated.
III. If an arrest is supported by an affidavit that was filed under seal, and the affidavit remains under seal at the time of the request for a probable cause hearing, a hearing shall be scheduled.
IV. If a hearing is held, the state shall bear the burden of proving there is probable cause to believe that a felony has been committed and that the person charged has committed it. At the hearing, the defendant may call witnesses, cross-examine witnesses, and present evidence.
Source. 2015, 249:2, eff. Jan. 1, 2016, July 1, 2016 and Oct. 1, 2017.