Alexander J. Silvers v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.
HabeasCorpus
Whether a judicial determination of probable cause in the arrested offense legally justifies the state attorney filing additional charges
QUESTION PRESENTED 1) Once a neutral magistrate make a judicial determination of probable cause in the arrested offense, does that provide legal justification for the state attorney to file additional charges; 2) Do this Court permit trial judge and prosecuting attorney to establish probable cause . 3) Should the State Attorney notify the defense before filing additional charges? 4) Is it prejudice for the trial court to determine probable cause? 5) What do this Court consider to be a violation of Due Process? 6) What do this Court mean in Gerstein “a suspect who is presently detain may challenge the probable cause for that confinement?