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The Wyoming Supreme Court has found that probable cause exists: ?where the facts and circumstances are sufficient to warrant a man of reasonable prudence in the belief that contraband or evidence of a crime will be found.? McGarvey v.
A probable cause hearing is another name for a preliminary hearing in a criminal court case. Another name for a preliminary hearing, or a probable cause hearing, is a clerk magistrate hearing. During this hearing, the clerk magistrate is the one determining whether there is probable cause to stand trial.
The preliminary hearing determines whether probable cause exists that a felony has been committed, and that the defendant probably committed it. If the court determines probable cause does exist, the case is ?bound over? to district court. If the court determines probable cause does not exist, the case is dismissed.
A preliminary hearing is a court proceeding before a criminal trial to determine whether there is sufficient evidence.
Entrapment law serves the purpose of ensuring that a defendant is not punished who, but for government encouragement, would not have committed an offense. Rivera v. State, 846 P. 2d 1, 4 (Wyo.
An Arraignment is the defendant's first appearance in front of a Judge after his/her arrest. The defendant (perpetrator) is formally charged and either bail is set or the defendant is released. Bail is the Judge's decision, and is based on the likelihood that the defendant will return to court.