Rule 2.2 Duty of Judge upon Making of a Charging Affidavit

When someone signs a sworn statement (called a charging affidavit) accusing a person of a crime, the judge has to decide if there's enough evidence to move forward. This is called finding "probable cause." The judge looks at the affidavit and any other evidence to decide if it's likely a crime happened and if it's likely this particular person did it. If the judge finds probable cause, the case moves forward under Rule 3.1, which deals with issuing warrants or summonses.

Before making this decision, the judge can question the person who signed the affidavit, along with any witnesses that person brings. This gives the judge a chance to ask questions directly instead of just reading a piece of paper.

The evidence the judge considers doesn't have to come from someone with firsthand knowledge. Hearsay is allowed, meaning the judge can rely on secondhand information. However, the judge must have a good reason to believe the source of that information is trustworthy, and a good reason to believe the information itself is factually accurate. This protects people from being charged based on rumors or unreliable tips.