Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 325.3
The probable-cause hearing; determination
Family Court Act (FCT) CHAPTER 686, ARTICLE 3, PART 2
§ 325.3. The probable-cause hearing; determination. 1. At the
conclusion of a probable-cause hearing held pursuant to section 325.1
the court shall determine in accordance with the evidentiary standards
applicable to a hearing on a felony complaint in a criminal court:

(a) whether it is reasonable to believe that a crime was committed;
and

(b) whether it is reasonable to believe that the respondent committed
such crime.

2. The court shall state on the record the section or sections of the
penal law or other law which it is reasonable to believe the respondent
violated.

3. If the court finds that there is reasonable cause pursuant to
subdivision one, it shall further determine whether continued detention
is necessary pursuant to section 320.5.

4. If the court does not find that there is reasonable cause to
believe that a crime was committed and that the respondent committed it,
the case shall be adjourned and the respondent released from detention.
If the court or the presentment agency cannot hold a probable cause
hearing within the limits of subdivision two of section 325.1, the court
may dismiss the petition without prejudice or for good cause shown
adjourn the hearing and release the respondent pursuant to section
320.5.