Wash. Super. Ct. Crim. R. 3.2.1

(a) Probable Cause Determination. A person who is arrested shall have a judicial

determination of probable cause no later than 48 hours following the person’s arrest, unless

probable cause has been determined prior to such arrest.

(b) How Determined. The court shall determine probable cause on evidence presented by

a peace officer or prosecuting authority in the same manner as provided for a warrant of arrest in

CrR 2.2(a). If the court finds that release without bail should be denied or that conditions should

attach to the release on personal recognizance, other than the promise to appear for subsequent

court hearings, the court shall proceed to determine whether probable cause exists to believe that

the accused committed the crime alleged, unless this determination has previously been made by

a court. Before making the determination, the court may consider affidavits, statements as

provided in GR 13, or sworn testimony, and further may examine under oath the affiant and any

witnesses the affiant may produce. Evidence may be provided by any reliable means. Sworn

testimony shall be recorded electronically, stenographically or through any other reliable means.

The evidence shall be preserved and shall be subject to constitutional limitations for probable

cause determinations, and may be hearsay in whole or in part. The court’s probable cause

determination may be recorded by any reliable means.

(c) Court Days. For the purpose of section (a) Saturday, Sunday and holidays may be

considered judicial days.

(d) Preliminary Appearance.

(1) Adult. Unless a defendant has appeared or will appear before a court of limited

jurisdiction for a preliminary appearance pursuant to CrRLJ 3.2.1(a), any defendant whether

detained in jail or subjected to court-authorized conditions of release shall be brought before the

superior court as soon as practicable after the detention is commenced, the conditions of release

are imposed or the order is entered, but in any event before the close of business on the next

court day. A person is not subject to conditions of release if the person has been served with a

summons and the only obligation is to appear in court on a future date.

(2) Juveniles. Any person in whose case the juvenile court has entered a written order

declining jurisdiction, and who is detained in custody must be taken to appear before the superior

court as soon as practicable after the juvenile court order is entered, but in any event before the

close of business on the next court day.

(3) Unavailability. If an accused is unavailable for preliminary appearance because of

physical or mental disability, the court may, for good cause shown and recited in a written order,

enlarge the time prior to preliminary appearance.

(e) Procedure at Preliminary Appearance.

(1) At the preliminary appearance, the court shall provide for a lawyer pursuant to rule 3.1

and for pretrial release pursuant to rule 3.2, and the court shall orally inform the accused:

(i) of the nature of the charge against the accused;

(ii) of the right to be assisted by a lawyer at every stage of the proceedings; and

(iii) of the right to remain silent, and that anything the accused says may be used against

him or her.

(2) If the court finds that release should be denied or that conditions should attach to

release on personal recognizance, other than the promise to appear at subsequent hearings, the

court shall proceed to determine whether probable cause exists to believe that the accused

committed the offense charges, unless this determination has previously been made by a court.

Before making the determination, the court may consider affidavits filed or sworn testimony and

further may examine under oath the affiant and any witnesses he or she may produce. Subject to

constitutional limitations, the findings of probable cause may be based on evidence which is

hearsay in whole or in part.

(f) Time Limits.

(1) Unless an information or indictment is filed or the affected person consents in writing

or on the record in open court, an accused, shall not be detained in jail or subjected to conditions

of release for more than 72 hours after the defendant’s detention in jail or release on conditions,

whichever occurs first. Computation of the 72 hour period shall not include any part of

Saturdays, Sundays or holidays.

(2) If no information or indictment has been filed at the time of the preliminary appearance,

and the accused has not otherwise consented, the court shall either:

(i) order in writing that the accused be released from jail or exonerated from the conditions

of release at a time certain which is within the period described in subsection (f)(1); or

(ii) set a time at which the accused shall reappear before the court. The time set for

reappearance must also be within the period described in subsection (f)(1). If no information or

indictment has been filed by the time set for release or reappearance, the accused shall be

immediately released from jail or deemed exonerated from all conditions of release.