19-804 — PRELIMINARY EXAMINATION
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TITLE 19
CRIMINAL PROCEDURE
CHAPTER 8
EXAMINATION OF CASE AND DISCHARGE
OR COMMITMENT OF ACCUSED
19-804. PRELIMINARY EXAMINATION. The magistrate shall conduct a
preliminary examination unless the same is waived by the defendant. At such
preliminary examination, the magistrate shall first read the complaint to the
defendant unless the defendant waives such reading, and it shall be the duty
of the magistrate at such examination to determine whether or not a public
offense has been committed and whether or not there is probable or sufficient
cause to believe that the defendant committed such public offense. Once
commenced, the examination must be completed at one (1) session unless the
magistrate for good cause shown by court order postpones it, or unless the
parties stipulate in writing or upon the court record to a continuance to a
date certain. If the defendant is incarcerated, the postponement or
continuance cannot be for more than six (6) days or, if the defendant is not
incarcerated, for more than twenty (20) days, unless on motion by or with the
consent of the defendant the court orders a longer continuance or
postponement.