If it appears from the evidence that an offense has been committed and that there is probable cause to believe that the defendant committed it, the judge shall enter a written order finding probable cause and shall order the defendant held in custody or released upon the same conditions and undertakings previously imposed, unless the court, either upon its own motion or upon request of either party, modifies the conditions of release upon good cause shown as provided in Rule 7. If it does not appear from the evidence that an offense has been committed or that there is probable cause to believe the defendant committed it, the court shall dismiss the complaint and discharge the defendant. The dismissal of a complaint shall not preclude a subsequent prosecution of the defendant for the same offense.
Prior statutes require that the magistrate send the papers to the grand jury or district attorney.
Subsequent dismissal may occur only with the concurrence of the presiding judge of the circuit court or by a No-Bill being returned by the grand jury.