What is a Michigan Preliminary Examination?

Under Michigan law, a defendant charged with a felony has the right to a Preliminary Examination. The Examination must be held within 5 to 7 days after the Probable Cause Conference and no later than 21 days after the Arraignment.

Also known as a “probable cause hearing,” a Preliminary Examination is held at the district court level and determines whether a felony case will be “bound over” to the circuit court. The prosecutor must prove 1) that a felony was committed and 2) that it is more likely than not that the defendant committed it. Unlike the “beyond a reasonable doubt” standard that applies at a criminal trial, the standard of proof in a Preliminary Examination is the comparatively low “preponderance of the evidence“ (more likely than not) standard. If the prosecution meets its burden, the case will be “bound over” to the circuit court.

The Preliminary Examination can be a crucial point in a felony case. A successful Preliminary Hearing can lead to a significant reduction in charges or even dismissal of the case. A criminal defense attorney can also use a Preliminary Hearing to build a foundation to impeach a witness’s testimony at trial, preserve witness testimony, establish a basis for plea negotiations, and evaluate the strengths and weaknesses of the case.

Someone charged with a crime should use every opportunity available to reduce the severity of the charges and work towards having the case dismissed. Michigan criminal defense lawyer Robert Elmen can evaluate your situation, provide advice and guidance to help you navigate the criminal legal process, and maximize the advantages you can gain from a Preliminary Hearing.

What Is a Preliminary Examination?

A defendant’s right to a Preliminary Examination only applies in felony cases. There are only two ways a felony case can move to the circuit court: 1) the defendant waives their right to a Preliminary Examination and the case goes to the circuit court, or 2) the court conducts a Preliminary Examination and the prosecutor establishes probable cause.

A Preliminary Examination is a miniature version of a trial. Unlike the actual trial, there is no jury at a Preliminary Examination. The judge listens to evidence and decides whether the prosecution met its burden of proof and whether the case can be bound over to the circuit court.

The right to a Preliminary Examination belongs to both the prosecutor and the defendant. Unless the defendant waives their right to a Preliminary Examination, the prosecution must proceed with the hearing and meet their burden of proof.

What Happens at a Preliminary Examination?

As the party with the burden of proof, the prosecutor presents their case first. The prosecutor can call witnesses and present evidence. The defendant has the right to cross-examine witnesses and, if they choose, present their own evidence.

Once both sides have presented their evidence, the judge decides whether the prosecutor has met their burden and whether to bind the case over to the circuit court.

Do I Need a Lawyer for a Preliminary Examination?

As with any criminal case, you are not required to have a lawyer for your Preliminary Examination. However, a lawyer is skilled at questioning witnesses, can help you understand the criminal legal process, and will improve the likelihood of a successful outcome.

An experienced criminal defense attorney can evaluate your situation and help you decide whether or not to waive the right to a Preliminary Examination.

Should I Waive My Right to a Preliminary Examination?

The defendant can choose to waive their right to a Preliminary Examination. After consulting with your lawyer, you might consider waiving your right to a Preliminary Examination if:

• You intend to plead guilty, in which case waiving the Preliminary Hearing will save time and expense.
• You believe the witnesses against you will not appear at Trial, which can lead to a dismissal if the prosecutor cannot prove their case.
• The testimony at the Preliminary Examination will lead to additional charges.
• Evidence presented at the Preliminary Hearing might lead to a more severe sentence.

On the other hand, a defendant should not waive their right to a Preliminary Examination if:

• The prosecution’s case is weak and you believe the Preliminary Examination will lead to dismissal of the case or a reduction in charges.
• The Preliminary Examination will lead to testimony that can later be used to impeach a witness.
• The Preliminary Examination creates an opportunity to observe how witnesses perform on the witness stand.
• Testimony from the Preliminary Examination will be useful in crafting a Motion to Suppress Evidence or in evidentiary hearings.
• The prosecutor refuses to offer a reasonable plea bargain.
• Witnesses are unlikely to appear for the Preliminary Examination and the lack of their testimony could lead to a reduction in charges or dismissal of the case.

Facing Felony Charges in Michigan? Contact Elmen Legal Today.

A felony conviction carries severe penalties. To give yourself the best chance of success, contact criminal defense attorney Robert Elmen. He will carefully evaluate your situation, answer your questions, and craft a compelling defense strategy designed to result in a reduction in the charges or dismissal of your case.

To learn more, call (734) 707-8915, email robert@elmenlegal.com or contact Elmen Legal online today to schedule a free and confidential consultation to discuss your case with criminal defense attorney Robert Elmen.