Probable Cause
Probable Cause In A Cape Cod Criminal Case
Probable cause is a required element for an arrest warrant in the state of Massachusetts. In order for the police to obtain an arrest warrant, they must have probable cause to believe that a crime has been committed and that the person they are seeking to arrest is the one who committed the crime. It can be based on eyewitness testimony, confessions, or other evidence that would lead a reasonable person to believe that a crime has been committed.
Arrest Warrants
If the police do not have probable cause to believe that a crime has been committed, they cannot obtain an arrest warrant. This means that if the police try to arrest someone without probable cause, the arrested individual may have grounds for a motion to suppress the evidence against them. If the motion to suppress is successful, the evidence may not be able to be used in court, and the case against the individual may be dismissed.Probable Cause Is Required
It is important to remember that probable cause is a required element for an arrest warrant, but it is not required for a search warrant. This means that the police can search a person’s home or property without probable cause to believe that a crime has been committed. However, the evidence that is obtained through the search may not be able to be used in court if it is later determined that the police did not have probable cause to believe that a crime had been committed.What Is A Probable Cause Hearing?
A probable cause hearing is a type of evidentiary hearing typically used in criminal cases in the United States. The purpose of the hearing is to determine whether there is probable cause to believe that a crime has been committed and that the person accused of the crime committed it.
The standard for probable cause is lower than the standard for guilt beyond a reasonable doubt, which is the standard used in criminal trials. This means that even if there is some evidence to suggest that the person accused of the crime did not commit it, the prosecution may still be able to proceed with the case if there is enough other evidence to establish probable cause.
Probable cause hearings are typically held before a judge, but they can also be held before a grand jury. If the hearing is held before a judge, the judge will make a determination as to whether or not there is probable cause to believe that the person accused of the crime committed it. If the hearing is held before a grand jury, the grand jury will decide whether or not to indict the person accused of the crime.
If you have been arrested and charged with a crime, you may be entitled to a probable cause hearing. If you are facing criminal charges, you should contact a criminal defense attorney as soon as possible to discuss your rights and options. An experienced attorney will be able to review the evidence against you and determine whether or not a probable cause hearing is warranted in your case. Contact Tom Kokonowski for help today.
