Hearing as to Probable Cause
The Rules Governing The Courts of the State of
New Jersey require that when a defendant does not
waive a hearing as to probable cause prior to
indictment, with respect to the offense or offenses
charged, the court shall hear the evidence offered
by the State within a reasonable time. If the court
finds that there is probable cause to believe an
offense has been committed and the defendant has
committed it, the court binds the defendant over
the indictment. If the court does not find probable
cause, the defendant is discharged. See R. 3:4-
3(a). See also Footnote 3. The practice in most
counties is not to hold this hearing unless it is
requested by the defendant. When it is requested,
it is often not held, since the indictment is usually
returned before the scheduled date of the hearing.
