Section 325.1. The probable-cause hearing; time  


Latest version.
  • 1.  At  the  initial
      appearance, if the respondent denies a charge contained in the  petition
      and  the  court determines that he 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.
        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 180.75 of such law for a reason
      other  than  his  waiver  thereof pursuant to subdivision two of section
      180.75 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.