(a) If the defendant does not waive indictment and trial by jury but does waive a hearing as to probable cause, the court shall forthwith bind the defendant over to await final determination of the cause. If the defendant does not waive a hearing as to probable cause and if before the hearing an indictment has not been returned against the defendant with respect to the offense charged, after notice to the county prosecutor the court shall hear the evidence offered by the State within a reasonable time and the defendant may cross-examine witnesses offered by the State. If, from the evidence, it appears to the court that there is probable cause to believe than an offense has been committed it, the court shall forthwith bind the defendant over to await final determination of the cause; otherwise the court shall discharge the defendant from custody if the defendant is detained. Notice to the county prosecutor may be oral or in writing. An entry shall be made on the docket as to whom and how such notice was given. A probable cause hearing shall be prosecuted by the municipal prosecutor in the absence of a county prosecutor.
(b) After concluding the proceeding the court shall transmit, forthwith, to the county prosecutor all papers in the cause. Whether or not the court finds probable cause, it shall continue in effect any bail previously posted in accordance with R. 3:26 or any other condition of pretrial release not involving restraints on liberty; and any bail taken by the court shall be transmitted to the county clerk. If the defendant is discharged for lack of probable cause and an indictment in not returned within 120 days, the bail shall thereafter be returned and conditions of pretrial release, if any, terminated.
