What does a judge determine when reviewing a complaint?

When a judge reviews a complaint, their primary role is to determine if there is probable cause to proceed with the case. Probable cause refers to the reasonable belief that a crime has been committed and that the person accused was involved. This determination is crucial as it establishes the basis for taking further legal action against the accused, such as issuing an arrest warrant or allowing the case to move forward in the judicial process.

The judge does not assess guilt or innocence at this stage, as that evaluation is typically done later during the trial, where evidence is presented and arguments are made. Similarly, the judge does not decide the severity of the offense when reviewing a preliminary complaint; that consideration comes during sentencing or when weighing the specifics of the case after a guilty plea or verdict. Additionally, while legal representation for the defendant is important, the judge does not make the determination of whether the defendant will have legal representation at this initial stage of reviewing the complaint. The focus here remains solely on the existence of probable cause, which is vital for ensuring that individuals are not unjustly charged without sufficient evidence.