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  6. Title 23A - Criminal Procedure
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  8. Chapter 04 - Preliminary Proceedings Before Mag...


Chapter 04 - Preliminary Proceedings Before Magistrate


  • § 23A-4-1 Arrested person taken before magistrate--Complaint filed on arrest without warrant.
  • § 23A-4-2 (Rule 5(b)) Procedure on minor offenses cognizable by magistrate court.
  • § 23A-4-3 (Rule 5(c)) Advice to defendant at initial appearance on charge requiring preliminary hearing--Charges requiring preliminary hearing--Waiver or scheduling of hearing--Extension of time.
  • § 23A-4-4 Advice to defendant and admission to bail when initial appearance before another magistrate--Initial appearance without warrant--Transmittal of files to appropriate court.
  • § 23A-4-5 Transfer to magistrate judge or circuit court for preliminary hearing.
  • § 23A-4-6 (Rule 5.1(a)) Holding for trial when probable cause shown on preliminary hearing--Evidence received.
  • § 23A-4-7 (Rule 5.1(b)) Discharge and dismissal in absence of probable cause--Subsequent prosecution on same offense.
  • § 23A-4-8 (Rule 5.1(c)) Record of proceedings on preliminary hearing--Cost--Transmittal of papers to trial court--Limitation of access to record.
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