Arizona

Criminal Procedure

Criminal Procedure

Rule 5.4 – Determining Probable Cause

(a)Holding a Defendant to Answer. If a magistrate finds that there is probable cause to believe that an offense has been committed and that the defendant committed it, the magistrate must file a written order holding the defendant to answer for the offense before the superior court. Upon request, the magistrate may reconsider the conditions of release. Upon the State’s request, this rule’s requirements are satisfied if a probable cause or proof evident or presumption great finding was made at a bail eligibility hearing under Rule 7.2(b)(4).
(b)Amending the Complaint. A magistrate may grant a motion to amend a complaint so that its factual allegations conform to the evidence, but the magistrate must not hold the defendant to answer for crimes different than those charged in the original complaint.
(c)Evidence. A magistrate must base a probable cause finding on substantial evidence, which may include hearsay in the following forms:

(1) a written report of an expert witness;
(2) documentary evidence, even without foundation, if there is a substantial basis for believing that foundation will be available at trial and the document is otherwise admissible; or
(3) a witness’s testimony about another person’s declarations if such evidence is cumulative or if there are reasonable grounds to believe that the declarant will be personally available for trial.
(d)Lack of Probable Cause. The magistrate must dismiss the complaint and discharge the defendant if a magistrate finds that there is not probable cause to believe that an offense has been committed or that the defendant committed it.

Ariz. R. Crim. P. 5.4

Added August 31, 2017, effective January 1, 2018. Amended Sept. 28, 2017, effective April 2, 2018; amended August 27, 2019, effective January 1, 2020.

HISTORICAL AND STATUTORY NOTES

Former Rule 5.4, relating to determination of probable cause, was abrogated effective January 1, 2018.