(a) If the defendant is in custody at the time he appears before the magistrate for arraignment and, if the public offense is a misdemeanor to which the defendant has pleaded not guilty, the magistrate, on motion of counsel for the defendant or the defendant, shall determine whether there is probable cause to believe that a public offense has been committed and that the defendant is guilty thereof.
(b) The determination of probable cause shall be made immediately unless the court grants a continuance for good cause not to exceed three court days.
(c) In determining the existence of probable cause, the magistrate shall consider any warrant of arrest with supporting affidavits, and the sworn complaint together with any documents or reports incorporated by reference thereto, which, if based on information and belief, state the basis for such information, or any other documents of similar reliability.
(d) If, after examining these documents, the court determines that there exists probable cause to believe that the defendant has committed the offense charged in the complaint, it shall set the matter for trial.
If the court determines that no such probable cause exists, it shall dismiss the complaint and discharge the defendant.
(e) Within 15 days of the dismissal of a complaint pursuant to this section the prosecution may refile the complaint.
A second dismissal pursuant to this section is a bar to any other prosecution for the same offense.
(Added by Stats. 1980, Ch. 1379, Sec. 1.)
Last modified: October 25, 2018