(a) If from the evidence taken at the preliminary examination, it appears that there is probable cause to believe that an offense has been committed and that the defendant has committed it, the court shall hold the defendant to answer and shall order the prosecuting attorney to file, within fifteen days after entry of the order, an information in the court charging the defendant with the offense shown. (b) If from the evidence it appears that there is no probable cause to believe that an offense has been committed or that the defendant committed it, the court shall dismiss the complaint and discharge the defendant. Such discharge shall not preclude the government from instituting a subsequent prosecution for the same offense. NOTE: Section 45.80 is based on portions of former Rule 5(c) and former §§ 809, 860 and 871-872. See also Fed. R. Crim. P. 5.1(a), (b). See generally B. Witkin, California Criminal Procedure Proceedings Before Trial §§ 144-146 (1963, Supp. 1973). The court’s order will state the offense (offenses) which may be charged in the information. These will be all the offenses for which probable cause has been shown. As to the form of the information, see § 55.10. For dismissal for failure to file within the time prescribed, see § 80.60. If probable cause has not been shown, the complaint must be dismissed and the defendant discharged; however, Subsection (b) makes clear that such dismissal does not prejudice a new filing on the basis of new evidence.
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COL 2025-12-23