CrRLJ 3.2.1
                        PROCEDURE FOLLOWING
              WARRANTLESS ARREST--PRELIMINARY HEARING


     (a) Probable Cause Determination. A person who is arrested
shall have judicial determination of probable cause no later
than 48 hours following the persons arrest, unless probable cause
has been determined prior to such arrest.

     (b) How Determined. The court shall determine probable cause
on evidence presented by a peace officer or prosecuting authority
in the same manner as provided for a warrant of arrest in rule
2.2(a). The evidence shall be preserved and may consist of an
electronically recorded telephonic statement. If the court finds
that release without bail should be denied or that conditions
should attach to the release on personal recognizance, other than
the promise to appear for trial, the court shall proceed to
determine whether probable cause exists to believe that the
accused committed the offense charged, unless this determination
has previously been made by a court.  Before making the
determination, the court may consider an affidavit, a document as
provided in RCW 9A.72.085 or any law amendatory thereto, or sworn
testimony, and further may examine under oath the affiant and any
witnesses the affiant may produce.  Sworn testimony shall be
electronically or stenographically recorded.  The evidence shall
be preserved and shall be subject to constitutional limitations
for probable cause determinations, and may be hearsay in whole or
in part.

     (c) Court Days. For the purpose of section (a), Saturday,
Sunday and holidays may be considered judicial days.

     (d) Preliminary Appearance.

     (1) Adult. Unless an accused has appeared or will appear
before the superior court for a preliminary appearance, any
accused detained in jail must be brought before a court of limited
jurisdiction as soon as practicable after the detention is
commenced, but in any event before the close of business on the
next court day.

     (2) Juveniles. Unless an accused has appeared or will appear
before the superior court for a preliminary appearance, any
accused in whose case the juvenile court has entered a written
order declining jurisdiction and who is detained in custody, must
be brought before a court of limited jurisdiction as soon as
practicable after the juvenile court order is entered, but in any
event before the close of business on the next court day.

     (3) Unavailability. If an accused is unavailable for
preliminary appearance because of physical or mental disability,
the court may, for good cause shown and recorded by the court,
enlarge the time prior to preliminary appearance.

     (e) Procedure at Preliminary Appearance.

     (1) At the preliminary appearance, the court shall provide
for a lawyer pursuant to rule 3.1 and for pretrial release
pursuant to rule 3.2, and the court shall orally inform the
accused:

     (i) of the nature of the charge against the accused;

     (ii) of the right to be assisted by a lawyer at every stage
of the proceedings; and

     (iii) of the right to remain silent, and that anything the
accused says may be used against him or her.

     (2) If the court finds that release should be denied or that
conditions should attach to release on personal recognizance,
other than the promise to appear in court at subsequent hearings,
the court shall proceed to determine whether probable cause exists
to believe that the accused committed the offense charged, unless
this determination has previously been made by a court. Before
making the determination, the court may consider affidavits filed
or sworn testimony and further may examine under oath the affiant
and any witnesses he or she may produce. Subject to constitutional
limitations, the finding of probable cause may be based on
evidence which is hearsay in whole or in part.

     (f) Time Limits.

     (1) Unless a written complaint is filed or the accused
consents in writing or on the record in open court, an accused,
following a preliminary appearance, shall not be detained in jail
or subjected to conditions of release for more than 72 hours after
the accused's detention in jail or release on conditions,
whichever occurs first. Computation of the 72-hour period shall
not include any part of Saturdays, Sundays, or holidays.

     (2) If no complaint, information or indictment has been filed
at the time of the preliminary appearance, and the accused has not
otherwise consented, the court shall either:

     (i) order in writing that the accused be released from jail
or exonerated from the conditions of release at a time certain
which is within the period described in subsection (f)(1); or

     (ii) set a time at which the accused shall reappear before
the court.  The time set for reappearance must also be within the
period described in subsection (f)(1). If no complaint,
information or indictment has been filed by the time set for
release or reappearance, the accused shall be immediately released
from jail or deemed exonerated from all conditions of release.

     (g) Preliminary Hearing on Felony Complaint.

     (1) When a felony complaint is filed, the court may conduct a
preliminary hearing to determine whether there is probable cause
to believe that the accused has committed a felony unless an
information or indictment is filed in superior court prior to the
time set for the preliminary hearing. If the court finds probable
cause, the court shall bind the defendant over to the superior court.
If the court binds the accused over, or if the parties waive the
preliminary hearing, an information shall be filed without
unnecessary delay. Jurisdiction vests in the superior court at
the time the information is filed.

     (2) If at the time a felony complaint is filed with the
district court the accused is detained in jail or subjected to
conditions of release, the time from the filing of the complaint
in district court to the filing of an information in superior
court shall not exceed 30 days plus any time which is the subject
of a stipulation under subsection (g)(3). If at the time the
complaint is filed with the district court the accused is not
detained in jail or subjected to conditions of release, the time
from the accused's first appearance in district court which next
follows the filing of the complaint to the time of the filing of
an information in superior court shall not exceed 30 days,
excluding any time which is the subject of a stipulation under
subsection (g)(3).  If the applicable time period specified above
elapses and no information has been filed in superior court, the
case shall be dismissed without prejudice.

     (3) Before or after the preliminary hearing or a waiver
thereof, the court may delay a preliminary hearing or defer a bind-
over date if the parties stipulate in writing that the case shall
remain in the court of limited jurisdiction for a specified time,
which may be in addition to the 30-day time limit established in
subsection (g)(2).

     (4) A preliminary hearing shall be conducted as follows:

     (i) the defendant may as a matter of right be present at such
hearing;

     (ii) the court shall inform the defendant of the charge
unless the defendant waives such reading;

     (iii) witnesses shall be examined under oath and may be cross-
examined;

     (iv) the defendant may testify and call witnesses in the
defendant's behalf.

     (5) If a preliminary hearing on the felony complaint is held
and the court finds that probable cause does not exist, the charge
shall be dismissed, and may be refiled only if a motion to set
aside the finding is granted by the superior court. The superior
court shall determine whether, at the time of the hearing on such
motion, there is probable cause to believe that the defendant has
committed a felony.

     (6) If a preliminary hearing is held, the court shall file
the record in superior court promptly after notice that the
information has been filed. The record shall include, but not be
limited to, all written pleadings, docket entries, the bond, and
any exhibits filed in the court of limited jurisdiction. Upon
written request of any party, the court shall file the recording
of any testimony.


[Amended effective September 1, 2002.]