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New York · Through 2026-09-11

N.Y. Family Court Act § 325.1: The probable-cause hearing; time

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Where this section sits in the code
  1. Family Court Act
  2. Article 3. Juvenile Delinquency
  3. Part 2. Initial Appearance and Probable Cause Hearing

§ 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.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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