Criminal Law Questions? Ask a Criminal Lawyer.
Lack of probable cause for an arrest is not grounds to dismiss a case, where the prosecution discovers additional evidence with which to charge the defendant. Lack of probable cause may be grounds to suppress evidence seized in connection with the arrest, and any other evidence which is "fruit of the poisonous tree."
But, if the prosecution discovers evidence from independent sources sufficient to create probable cause, then the case can go forward, despite the defect in the original charge.
Hope this helps.
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The issue is procedural, i.e., if there is no probable cause, then you move for a probable cause hearing and try to get the case dismissed by the court. And, if court dismisses and the prosecution really has nothing and never did, then you sue the police/sheriff/DA for a civil rights violation (42 U.S.C. Sec. 1983), malicious prosecution, false imprisonment and intentional infliction of emotional distress.
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