Guam § 45 - Procedure Where Probable Cause Shown; Not Shown.
Full text of Guam Guam Code Annotated § 45 — Procedure Where Probable Cause Shown; Not Shown., with citation guidance and answers to common questions.
§ 45. Procedure Where Probable Cause Shown; Not Shown.
(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
Frequently Asked Questions About Guam § 45
What does Guam Code Annotated § 45 cover?
Section 45 ("Procedure Where Probable Cause Shown; Not Shown.") is part of the Guam Code Annotated, the codified statutory law of Guam. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Guam § 45?
A common citation format is "Guam Code Annotated § 45" (Guam). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Guam law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Guam official source linked on this page or consult a licensed Guam attorney.
How does Guam § 45 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Guam can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Guam.