Rule 21.04. Misdemeanors – Statement of Probable Cause – Contents

A statement of probable cause must be in writing and shall:

(a) State the name of the defendant or, if not known, designate the defendant by any name or description by which the defendant can be identified with reasonable certainty;

(b) State the date and place of the offense as definitely as can be done;

(c) State the facts that support a finding of probable cause to believe an offense was committed and that the defendant committed it;

(d) If a warrant will be requested, state the facts, if any, that support a finding of reasonable grounds to believe the defendant will not appear upon a summons or the defendant poses a danger to a crime victim, the community, or any other person;

(e) State that the facts contained therein are true; and (f) Be signed and on a form bearing notice that false statements made therein are punishable by law.

Committee Notes

This is new. Compare: Prior Rule 21.04, prior Rule 21.08 Fed.R.Crim.P. 3.