So we've had a rash of requests for examining trials over the last 9 months or so. The JP's have been good about asking when to set them, which is always conveniently right after Grand Jury meets. As such we've yet to actually have one. It's really irritating our court-appointed attorneys who have no idea their clients are requesting these pro se.
The purpose of an examining trial is to make "a determination of probable cause." This is NOT the same probable cause necessary to get an arrest warrant... is my understanding of the caselaw. If it were, an examining trial would consist of the magistrate re-reading the affidavit.
Is the 16.01 examining trial the same probable cause determination in 17.033? Or is that yet a different probable cause determination since the arrest was without warrant?
Does your jurisdiction engage these requests and have the examining trials? When?
|Powered by Social Strata|
© TDCAA, 2001. All Rights Reserved.