Your law is the same as ours until 2010.

by Wildcat, Flint Hills of Kansas, Wednesday, May 20, 2015, 08:25 (3479 days ago) @ Charles

We also adopted the castle doctrine then and essentially put the burden on the State to prove via preponderance of the evidence it was not self-defense or defense of another. The whole idea was to try to keep people out of jail that had a legitimate claim of self-defense. Like your experience though, our police and prosecutors don't seem to like to make the call and would prefer a Judge does it. Criminal defendants are "supposed" to have a preliminary hearing (probable cause hearing to bind over for trial) within 14 days of 1st appearance in court. Unfortunately the courts have interpreted that to be a "discretionary" time limitations so its now the norm to have the prelim in about 30 days. With a client such as I had (indigent), that means he lost his job and was locked up for a good bit (about 35 days in this case).