Rule 10-222 Probable cause determination for delinquency offenses.

A. When required. A probable cause determination shall be made in all cases in which the arrest has been made without a warrant and the respondent child has not been released. The probable cause determination shall be made promptly by a district judge, magistrate or special master, but in any event within forty-eight (48) hours after custody commences and no later than the first appearance of the respondent child whichever occurs earlier.

B. How conducted. The determination that there is probable cause shall be nonadversarial and may be held in the absence of the respondent child and of counsel. No witnesses shall be required to appear unless the court determines that there is a basis for believing that the appearance of one or more witnesses might lead to a finding that there is no probable cause.

C. Amended statement of probable cause. If the statement of probable cause fails to make a written showing of probable cause, an amended statement of probable cause may be filed with sufficient facts to show probable cause for detaining the respondent child.

D. Failure to show probable cause. If the court finds that there is no probable cause to believe that the respondent child has committed an offense, the court shall order the immediate release of the respondent child.