- A contested omnibus hearing means that there are still evidentiary issues. Because police officers and investigators must testify and the case must be assigned to a specific judge, contested hearings are set for about four to six weeks after arraignment.
- An omnibus hearing is called "contested" because the defendant claims that there is not probable cause to bring the case against him to trial. Police officers may be called to testify regarding the evidence against the defendant and any statements he made.
- At the conclusion of a contested omnibus hearing, the judge must determine whether there is sufficient evidence against the defendant. The police officers and prosecution must have had probable cause to seize evidence, arrest the defendant and file charges against her. If a judge finds that there is no probable cause, he must dismiss all charges against the defendant. Otherwise, a trial date will be set.
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