Understanding Probable Cause Affidavits in Assault Cases | Austin Criminal Defense

Austin Criminal Defense Attorney Charlie Roadman explains the role of the probable cause (PC) affidavit in assault cases. This affidavit, written by the arresting officer, summarizes evidence against the defendant and is necessary under the Fourth Amendment to ensure arrests are based on probable cause. A magistrate reviews the PC affidavit to verify legal compliance before setting bond and bond conditions, which in assault cases often include no contact or stay-away orders. While the PC affidavit is public record, it might exaggerate or omit facts since the officer is only required to justify the arrest, not include all evidence. This differs from the offense report, which is more comprehensive and used by prosecutors. For defense attorneys, the PC affidavit is valuable as it reveals the worst facts against the defendant.

Charlie is the author of The Defendant's Guide to Defense: How to Help Your lawyer Get the Best Result (Misdemeanor Edition): https://www.amazon.com/Defendants-Gui...

For more information on Charlie: https://roadmanlaw.com/