If it should appear upon the whole examination that no offense has been committed, or that there is not probable cause for charging the defendant with an offense, he or she shall be discharged, and if in the opinion of the magistrate, the complaint was malicious, or without probable cause, and there was no reasonable ground therefor, the costs shall be taxed against the party making the complaint.
RCW 10.16.080
Discharge of defendant—Frivolous complaints.
Applied in 1 court decision — leading case 48 Wash. App. 835 - State v. Sizemore (1987)
Most recently applied in 48 Wash. App. 835 - State v. Sizemore (September 1987)
2010 c 8 s 1009; Code 1881 s 1925; 1873 p 395 s 223; 1854 p 107 s 31; RRS s 1954.
Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.