Rule 5.1. Preliminary Examination
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Wyoming Court Rules › Wyoming Rules of Criminal Procedure › W.R.Cr.P. 5.1
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(a) Examination. — In all cases required to be tried in the district court,
except upon indictment, the defendant shall be entitled to a preliminary
examination in the circuit court. Use of video conferencing at preliminary
examination shall be governed by W.R.Cr.P. 43.1(b)(2). The defendant may
waive preliminary examination but the waiver must be written or on the
record. If the preliminary examination is waived, the case shall be transferred
to district court for further proceedings.
(b) Probable cause finding. — If from the evidence it appears that there is
probable cause to believe that the charged offense or lesser included offense
has been committed and that the defendant committed it, the judicial officer
shall enter an order so finding and the case shall be transferred to the district
court for further proceedings. The finding of probable cause may be based upon
hearsay evidence in whole or in part. The defendant may cross-examine
adverse witnesses and may introduce evidence. Objections to evidence on the
ground that it was acquired by unlawful means are not properly made at the
preliminary examination. Motions to suppress must be made to the trial court
as provided in Rules 12 and 41(g).
(c) Discharge of defendant. — If from the evidence it appears that there is no
probable cause to believe that an offense has been committed or that the
defendant committed it, the judicial officer shall dismiss the information and
discharge the defendant. The discharge of the defendant shall not preclude the
state from instituting a subsequent prosecution for the same offense.
(d) Record of proceedings. — On timely application to the court, counsel for
the parties shall be given an opportunity to have the recording of the hearing
made available for their information in connection with any further proceedings or in connection with their preparation for trial. The court may appoint
the time, place and conditions under which such opportunity is afforded
counsel.
Rule 5.1
Rule 5.1
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