Within how many days must there be probable cause to believe a crime occurred for the DV enhancer?

• A. Within 28 days of the occurrence, you have probable cause to believe there has been a crime
• B. Within 60 days
• C. Within 90 days
• D. Within 7 days

Answer: (A)

The concept being tested is the time frame within which probable cause must exist to apply the domestic violence (DV) enhancer. The correct window is twenty-eight days. This means that for the DV enhancement to be added to a charge, law enforcement must have probable cause that a crime occurred within twenty-eight days of the incident. This limit ties the enhancer to recent events and helps ensure charges aren’t elevated based on information that’s too old to reliably connect to the alleged incident.

Probable cause is a practical standard: enough facts to lead a reasonable person to believe that a crime occurred, not proof beyond a reasonable doubt. By setting a twenty-eight-day limit, the statute balances timely action with the ability to investigate and gather enough facts to support the enhancement.

Other timeframes—fifteen or sixty days or more, or a very short window like seven days—do not match the requirement for this enhancer. They either don’t align with the statutory rule or would create impractical constraints on investigating and charging.