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New York · Through 2026-09-11

N.Y. Family Court Act § 325.3: The probable-cause hearing; determination

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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

§ 325.3. The probable-cause hearing; determination. 1. At the

conclusion of a probable-cause hearing held pursuant to section 325.1

the court shall determine in accordance with the evidentiary standards

applicable to a hearing on a felony complaint in a criminal court:

(a) whether it is reasonable to believe that a crime was committed;

and

(b) whether it is reasonable to believe that the respondent committed

such crime.

2. The court shall state on the record the section or sections of the

penal law or other law which it is reasonable to believe the respondent

violated.

3. If the court finds that there is reasonable cause pursuant to

subdivision one, it shall further determine whether continued detention

is necessary pursuant to section 320.5.

4. If the court does not find that there is reasonable cause to

believe that a crime was committed and that the respondent committed it,

the case shall be adjourned and the respondent released from detention.

If the court or the presentment agency cannot hold a probable cause

hearing within the limits of subdivision two of section 325.1, the court

may dismiss the petition without prejudice or for good cause shown

adjourn the hearing and release the respondent pursuant to section

320.5.

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

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