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Rule 22.03 Felonies - Statement of Probable Cause - Contents

Procedure Applicable to Felonies Only

22.03. Felonies - 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 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.

Amendment history: (Adopted June 13, 1979, eff. Jan. 1, 1980. Amended June 10, 1980, eff. Jan. 1, 1981; Jan. 28, 2002, eff. Jan. 1, 2003; Dec. 18, 2018, eff. July 1, 2019.)