Rule 21.04 Misdemeanors - Statement of Probable Cause - Contents
Procedure Applicable to Misdemeanors Only
Rule Text
21.04. Misdemeanors - Statement of Probable Cause - Contents
A statement of probable cause must be in writing and shall:
(a) State the name of the defendant or, if not known, designate the defendant by any name or description by which the defendant can be identified with reasonable certainty;
(b) State the date and place of the offense as definitely as can be done;
(c) State the facts that support a finding of probable cause to believe an offense was committed and that the defendant committed it;
(d) If a warrant will be requested, state the facts, if any, that support a finding of reasonable grounds to believe the defendant will not appear upon a summons or the defendant poses a danger to a crime victim, the community, or any other person;
(e) State that the facts contained therein are true; and
(f) Be signed and on a form bearing notice that false statements made therein are punishable by law.
Committee Note - 1979
This is new.
Compare: Prior Rule 21.04, prior Rule 21.08 Fed.R.Crim.P. 3.
Amendment history: (Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Jan. 28, 2002, eff. Jan. 1, 2003; Dec. 18, 2018, eff. July 1, 2019.)