When Does a Preliminary Exam Take Place?

A preliminary exam is your third hearing in a felony case and happens 5-7 days after your probable cause conference. The preliminary exam occurs in the district court where you were first arraigned and is the last hearing that will occur in that district court. The purpose of a preliminary exam is for the judge to determine if the prosecution meets their burden of proof to send your case to the circuit court for the remainder of the case. 

Charges can occasionally be dismissed after the preliminary exam, but this result is not typical. Your defense attorney may argue for dismissal based upon the prosecution not meeting their burden of proof but due to the low burden most cases are sent to circuit court. You may waive your right to a preliminary exam to have your case automatically sent to circuit court. There are times where waiving the preliminary exam may be advantageous to your case such as avoiding more serious charges or setting the stage for a resolution in circuit court. An attorney well versed in criminal law can help you make those decisions.

What is the Burden of Proof at a Preliminary Exam?

At a preliminary exam the prosecuting attorney must convince a judge that there is probable cause that a crime was committed and probable cause that you committed the alleged felony or felonies. This burden of proof is substantially lower than the burden of proof (proof beyond a reasonable doubt) required for a conviction at trial, and it is uncommon for a case to not be bound over to circuit court. If there are evidence issues, they can be raised at the preliminary exam to potentially have the case dismissed under MCR 6.110(d)(2).

At the preliminary exam the prosecuting attorney will present evidence and typically question witnesses to support their allegations. Prosecution usually provides the bare minimum of evidence needed to convince the judge and move the case forward.  Your defense attorney will be given the opportunity to cross-examine any witnesses the prosecuting attorney calls and will be provided copies of all the evidence the prosecution possesses prior to the exam. Testimony at a preliminary exam can result in dismissal or a reduction in charges but it also may result in additional charges being added to the case.

What are the Next Steps After a Preliminary Exam?

If prosecution meets their burden of proof and your felony case is bound over that means that it has been sent to the circuit court for the remainder of the case. In Michigan, there is one circuit court for each county. Your next hearing is a second arraignment before a circuit court judge on whatever charges survive the preliminary exam. Once you have been arraigned in circuit court your case will progress there through the pre-trial and trial stages.

My Michigan Legal, PLLC is Here to Help!

New Paragraph