A probable cause hearing in Connecticut is an important early step in serious criminal cases, particularly felonies. It acts as a checkpoint before a case can proceed to trial, ensuring there is enough evidence to justify further prosecution. While not every criminal charge requires this hearing, its outcome can significantly influence the rest of the legal process.
Purpose in Criminal Procedure
A probable cause hearing functions as a gatekeeper in Connecticut’s criminal justice system. Its main goal is to ensure someone accused of a serious crime isn’t forced into a full trial unless the state first shows enough evidence for the charges. This judicial review protects individuals from unfounded prosecutions.
This hearing is required by the Connecticut Constitution for crimes punishable by death or life imprisonment.1FindLaw. Connecticut Constitution Art. 1, § 8 – Rights of Accused in Criminal Prosecutions Connecticut General Statutes Section 54-46a also mandates this hearing in the Superior Court for such charges.2Connecticut General Assembly. Chapter 960 – Information, Procedure and Bail (Containing Conn. Gen. Stat. § 54-46a) The hearing determines if there is adequate evidence to believe the charged crime occurred and that the accused person committed it. It is not a trial to determine guilt or innocence but a preliminary review of the state’s evidence.
Timeline and Key Stages
Connecticut law requires the probable cause hearing to occur within sixty days of filing the complaint or information, unless the accused waives this or the court grants an extension for good cause.3FindLaw. Connecticut General Statutes § 54-46a – Probable Cause Hearing Timeline and Procedures
Once entitlement to a hearing is established, often at arraignment, the court schedules it. Before the hearing, discovery, the formal exchange of information between prosecution and defense, takes place.4Connecticut General Assembly Office of Legislative Research. Criminal Discovery Rules Summary This allows the defense to understand the state’s allegations.
The hearing follows a set sequence: the prosecution presents its case, and then the defense has an opportunity to respond, though its role differs from a full trial. After presentations, the judge makes a determination.
Evidence Presented
During a probable cause hearing, the prosecution presents evidence to convince the judge there is a sufficient basis for the charges. The rules for evidence are more relaxed than at a full trial.
Connecticut statutes allow for notable exceptions to standard evidence rules. For instance, written reports from expert witnesses are admissible without requiring their in-person testimony at this stage. Exemptions also apply to the chain of custody for physical evidence, meaning detailed testimony on its handling might not be needed if its integrity is reasonably shown.
Hearsay evidence—an out-of-court statement offered to prove its truth—can be considered. Evidence that might face stricter rules at trial can be permitted if deemed reliable for determining probable cause, such as an officer testifying about a witness’s statement from a crime scene. The prosecution presents testimony from law enforcement, possibly civilian witnesses, and physical evidence. Motions to suppress evidence, arguing it was obtained illegally, are not allowed during the probable cause hearing; these are handled later.5Justia Law. Connecticut General Statutes § 54-46a (2024) – Rules for Probable Cause Hearings
Defendant’s Rights
At a probable cause hearing, the defendant has several rights to ensure fairness. These include the right to counsel; an individual facing charges that require these hearings is entitled to an attorney, appointed by the court if needed.6Connecticut General Assembly. Chapter 887 – Public Defender Services (Conn. Gen. Stat. § 51-296 et seq.)
The defendant also has the right to be present to hear the state’s evidence and participate. This includes cross-examining witnesses called by the prosecution, which allows the defense to test the state’s preliminary case.
If the court initially finds probable cause, the defendant has a limited right to make an offer of proof, such as naming witnesses or describing other evidence.7Justia Law. Connecticut General Statutes § 54-46a (2022) – Defendant’s Offer of Proof at Probable Cause Hearing The court will only permit this if it determines such evidence could challenge the initial finding of probable cause. The defendant can also obtain a hearing transcript at their own expense.8Connecticut Judicial Branch. Ordering a Court Transcript (JDP-ES-265)
Judge’s Role
The judge presides over the probable cause hearing and determines if the state has met its burden. The judge acts as a neutral arbiter, listening to the prosecution’s evidence and any defense response.
A key part of the judge’s role is ruling on evidentiary matters, applying the specific rules for these hearings, including exceptions for expert reports and chain of custody. The judge manages testimony and exhibits, keeping the hearing focused on probable cause rather than letting it become a mini-trial, and ensures cross-examination stays within appropriate limits.
The judge evaluates the evidence to decide if the state has established probable cause. This standard is lower than the beyond a reasonable doubt needed for a trial conviction. The decision is based solely on the evidence and law, assessing the case’s foundational strength, not guilt or innocence.
Possible Outcomes
The probable cause hearing concludes with one of two main outcomes, as the judge issues a finding on whether the state has demonstrated probable cause.
If the judge finds the evidence insufficient, a finding of no probable cause is entered. Connecticut law states that if the court does not find probable cause, the accused is discharged from the offenses for which probable cause was not found.9Justia Law. Connecticut General Statutes § 54-46a (2012) – Outcome of Probable Cause Hearing and Discharge This stops prosecution on those specific charges based on the current complaint, though the prosecution might re-file charges if new evidence appears.
If the judge concludes the state has presented sufficient evidence, a finding of probable cause is made. This allows the prosecution to proceed, and the case moves to the next stage, such as formal arraignment and trial setting. This finding is not a determination of guilt; the defendant retains all constitutional rights, including the presumption of innocence and the right to a full trial.