What does it mean if a probable cause charge is filed but the judge doesn't sign it? 22 Answers as of June 28, 2013

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Austin Hirschhorn, P.C.
Austin Hirschhorn, P.C. | Austin Hirschhorn
It means that the judge was not satisfied with the prosecutors presentation and didn't believe there were enough facts to go ahead with the charge.
Answer Applies to: Michigan
Replied: 8/27/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
There is no such thing as a probable cause charge. Probable cause is what the judge needs to find to issue a warrant or accept a complaint for some crime. the crime is something the person did. The probable cause is the level of evidence needed to charge someone. Basically probable cause means some evidence to believe a crime was committed.
Answer Applies to: Michigan
Replied: 8/16/2012
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
In all probability, it means the charges have not been approved by the judge, and the case is dismissed.
Answer Applies to: Illinois
Replied: 8/16/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
A judge must find that there is probable cause to believe you committed a felony before the charge can go forward.
Answer Applies to: Kansas
Replied: 8/16/2012
Salladay Law Office | Lance Salladay
If the judge does not find probable cause then there is no formal charge existing.
Answer Applies to: Idaho
Replied: 8/20/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    I suppose that would mean that the judge does not find sufficient information or evidence to allow a charge to go forward.
    Answer Applies to: Alabama
    Replied: 8/16/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    Not sure I know what you are referring to. The prosecutor decides whether to bring a charge, not the judge. If you were charged with a felony, a preliminary examination (aka probable cause hearing) must be held. If the judge determines there is not probable cause, s/he will dismiss the charge.
    Answer Applies to: Michigan
    Replied: 8/16/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    There is no such thing as a probable cause charge.
    Answer Applies to: Georgia
    Replied: 8/16/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Did judge just forget or did he find no PC? If he found no PC then case is over.
    Answer Applies to: Texas
    Replied: 8/16/2012
    Buchholdt Law Offices | Jon M. Buchholdt
    Judges do not sign probable cause charges. Charges at signed by prosecutors, and the judge may find based upon the allegations contained in the charging document that there is probable cause to bind the defendant over. But if the judge finds that the charging document does not contain facts sufficient to establish probable cause, she/he will release the defendant at arraignment.
    Answer Applies to: Alaska
    Replied: 8/16/2012
    Law Office of Brian K. Wanerman
    Law Office of Brian K. Wanerman | Brian K. Wanerman
    It means that the judge screwed up. But, there probably is no grounds for dismissal unless you can show that the prosecution filed it and didn't even bring before the judge or filed it anyway even through the judge did not find probable cause.
    Answer Applies to: California
    Replied: 8/16/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You are not using the right terms so I must guess as to what you mean. A person can make a police report and the officer can ask a judge to sign an arrest warrant but the judge may not find that there is probable cause to make the arrest, issue a search or arrest warrant, or indict someone on a felony. The other way probable cause comes up is when an attorney moves to have a case dismissed on the grounds that here was no probable cause for the person's arrest. That means the officer lacked reasonable cause to believe that a person committed the crime that he or another witnessed.
    Answer Applies to: New York
    Replied: 8/16/2012
    Steven Alpers | Steven Alpers
    I don't know what a probable cause charge is. If the judge denied a warrant then either a search or arrest warrant was denied.
    Answer Applies to: California
    Replied: 8/16/2012
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    It means that the judge did not grant it. You should contact a qualified attorney for further interpretation.
    Answer Applies to: Michigan
    Replied: 8/16/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Your question is confusing. A Judge would only sign a warrant hat is supported by probable cause. A Judge is not required to "sign off" on charges before they are filed.
    Answer Applies to: Minnesota
    Replied: 8/16/2012
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