Bind Over in the United States

The act of a court after finding there is sufficient evidence to believe that an accused has committed a crime. When a person is arrested and charged, he or she is entitled to an appearance before a judicial officer for a determination of whether there is probable cause to justify sending the case on to the trial stage. This probable cause determination is most often made at a proceeding known as a preliminary hearing or preliminary examination. If the judicial officer finds sufficient evidence to satisfy the probable cause standard, the case is “bound over” for trial.

See Also

Preliminary Hearing (Criminal Process).

Analysis and Relevance

The process leading to bind over is part of the winnowing that is aimed at keeping innocent people from having to undergo the expense and rigors of a trial. The idea is to protect the accused from facing charges that are arbitrarily brought or are otherwise lacking in substance. In states that use grand juries, cases may be bound over for possible indictment. The term bind over, then, refers to the passing of the case along to the adjudication stage of the criminal process. If sufficient evidence is not presented, the case is not advanced or bound over. Rather, it is likely (though not necessarily) to be dismissed.

Notes and References

1. Definition of Bind Over from the American Law Dictionary, 1991, California

Bind Over Definition

The order of a magistrate in requiring one to give bail to appear for hearing in a higher court, or to keep the peace.

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Legal Issue for Attorneys

The order of a magistrate in requiring one to give bail to appear for hearing in a higher court, or to keep the peace.

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This definition of Bind Over Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..