Guam § 45 - Complaint to be Filed; When.

§ 45. Complaint to be Filed; When.

(a) Where a person is arrested without a warrant, at or before the time he is brought before the court

pursuant to § 45.10, the prosecuting attorney shall file a complaint which satisfies the requirements of §

15.10 and affidavits showing probable cause to believe that an offense has been committed and that the

defendant has committed it.

(b) At or before the time of the defendant’s first appearance pursuant to § 45.30, if no determination

has previously been made by the court or grand jury that there is probable cause to believe that an offense

has been committed and that the defendant has committed it, the court shall make such determination in the

manner provided by §§ 15.20 and 15.30. The defendant shall have no right to be present at any hearing

leading to such determination. 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: Subsection (a) of § 45.20 is substantively the same as the second sentence of former Rule 5(a). See also Rule

5 of the Federal Rules of Criminal Procedure. Compare former § 849. Subsection (b) is added to satisfy the requirement

of a judicial determination of probable cause set forth in Gerstein v. Pugh, 420 U.S. 103 (1975). The subsection makes

clear that the defendant has no right of confrontation or cross-examination at this stage of the proceeding. For all

practical purposes the procedure is the same as that for determining whether a warrant or summons should issue but

occurs after arrest rather than before. This procedure does not, however, obviate the need for an indictment or

preliminary examination in felony cases.

COL 2025-12-23

CH. 45 FIRST APPEARANCE: PRELIMINARY EXAMINATION