In the Connecticut criminal justice system, a probable cause hearing is a preliminary review of the evidence against a person accused of a very serious crime. It is not a trial to determine guilt but rather a checkpoint to ensure the state has enough justification to proceed with its prosecution. This judicial safeguard protects individuals from being held for trial on unsupported or unsubstantiated allegations.
Defining a Probable Cause Hearing in Connecticut
A probable cause hearing is a court proceeding where a judge determines if there is a sufficient legal basis to continue with the prosecution of a serious crime. The standard of proof, “probable cause,” means there are reasonable grounds to believe that a crime was committed and that the defendant is the person who committed it. This is a significantly lower burden of proof than the “beyond a reasonable doubt” standard required for a criminal conviction at a full trial.
The hearing is not designed to establish the defendant’s guilt or innocence. Instead, it exclusively addresses whether the prosecution has presented enough credible information to justify moving the case forward toward trial.
Circumstances Requiring a Probable Cause Hearing
In Connecticut, a probable cause hearing is not required for every criminal charge. Under state law, a person charged with a crime punishable by life imprisonment cannot be put on trial unless a court first holds this preliminary hearing and finds probable cause.1FindLaw. Connecticut Constitution Art. 1, § 8 This applies to individuals who have not already been indicted by a grand jury for the same offense.
The law mandates specific timing for this proceeding. Unless the defendant chooses to waive the hearing, or a judge extends the deadline for a good reason, the hearing must take place within 60 days of the filing of the complaint or information in Superior Court.2Justia. Connecticut General Statutes § 54-46a. (2024) If a grand jury has already reviewed the evidence and issued an indictment, a probable cause hearing is generally not necessary, as the grand jury has already fulfilled a similar evidence-screening function. A defendant may also voluntarily waive their right to this hearing.
The Connecticut Probable Cause Hearing Process
The hearing takes place in a courtroom before a judge. The main participants are the prosecutor, the defense attorney, and the defendant. Witnesses may also be called to provide testimony about the alleged crime.
The proceeding begins with the prosecutor presenting evidence to establish probable cause. This includes testimony from police officers or individuals with knowledge of the event. The prosecutor may also introduce documents like sworn witness statements and police reports. The court must follow the rules of evidence, with specific exceptions: written reports of expert witnesses are admissible, and matters involving chain of custody are exempt from such rules.
During the state’s presentation, the defense attorney has the right to cross-examine the prosecution’s witnesses. After the prosecution rests, the defense has a limited opportunity to present its own evidence. The defense may make a specific offer of proof, including the names of witnesses who would testify. The court will not allow the accused to present this evidence unless it determines that such evidence would be sufficient to rebut the finding of probable cause.
Defendant’s Rights at a Probable Cause Hearing
A defendant has several rights during a probable cause hearing. If the defendant cannot afford an attorney, the court will appoint a public defender to represent them.3FindLaw. Connecticut General Statutes § 51-296
These rights include:
- The right to be present for the entire hearing.
- The right to be represented by a lawyer.
- The ability to confront the state’s evidence through the cross-examination of witnesses.
- The right to testify on their own behalf, a decision with potential consequences for a future trial.
- Protection by the Fifth Amendment right against self-incrimination, meaning they cannot be forced to testify.
Outcomes of a Connecticut Probable Cause Hearing
At the conclusion of the hearing, the judge issues a ruling with one of two primary outcomes. If the judge finds that the prosecution has successfully established probable cause, the case is “bound over” for trial. This means the judge validates the state’s decision to prosecute, and the case proceeds to trial.
If the judge determines that the state failed to present sufficient evidence to meet the probable cause standard, the court will not find probable cause. In this scenario, the charges may be dismissed, and the defendant released from custody. It is important to understand that this is not an acquittal and does not constitute double jeopardy. The prosecution is not barred from refiling the same charges later if new and more compelling evidence becomes available.4FindLaw. Connecticut General Statutes Title 54. Criminal Procedure § 54-46a