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This entry was published on 2019-10-04
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SECTION 325.1
The probable-cause hearing; time
Family Court Act (FCT) CHAPTER 686, ARTICLE 3, PART 2
§ 325.1. The probable-cause hearing; time. 1. At the initial
appearance, if the respondent denies a charge contained in the petition
and the court determines that the respondent shall be detained for more
than three days pending a fact-finding hearing, the court shall schedule
a probable-cause hearing to determine the issues specified in section
325.3 of this part.

2. Such probable-cause hearing shall be held within three days
following the initial appearance or within four days following the
filing of a petition, whichever occurs sooner.

3. For good cause shown, the court may adjourn the hearing for no more
than an additional three court days.

4. The respondent may waive the probable-cause hearing, but the fact
that the respondent is not ready for a fact-finding hearing shall not be
deemed such a waiver.

5. Where the petition consists of an order of removal pursuant to
article seven hundred twenty-five of the criminal procedure law, unless
the removal was pursuant to subdivision three of section 725.05 of such
law and the respondent was not afforded a probable cause hearing
pursuant to subdivision three of section 722.20 of such law, the
petition shall be deemed to be based upon a determination that probable
cause exists to believe the respondent is a juvenile delinquent and the
respondent shall not be entitled to any further inquiry on the subject
of whether probable cause exists. After the filing of any such petition
the court must, however, exercise independent, de novo discretion with
respect to release or detention as set forth in section 320.5 of this
part.