Although the hearing is required to be held within ten court days of an accused’s arraignment, the accused, or defendant, often waives time to allow the hearing to take place later. It must be held within 14 days of the initial appearance if the defendant is being held in jail. What is a preliminary exam? At this hearing, the prosecutor will be required to show that there is probable cause that the charged crime was committed and that it is more likely than not that the accused committed that crime. Criminal defense. A Preliminary Examination is best described as a mini trial. At a preliminary exam (also known as a “probable cause” hearing), the prosecution has to show that a crime has occurred and it is more likely than not that the criminal defendant committed the crime. Friend went to court, multiple felonies. This can mean the preliminary hearing does not take place for several months. The preliminary hearing is not a trial, but it can seem like a mini-trial in ways. Under Michigan law, a criminal defendant who is charged with a felony has the right to have a preliminary examination at the district court level within 14 days of his arrest. The preliminary hearing is like a mini-trial. All criminal cases, regardless if they are misdemeanors or felonies, start in district court. Our system of justice demands that the criminally accused be protected from the criminal process unless probable cause is established at a very early stage. Vacated could just mean that a date set was unset. Preliminary hearings are not always required, and the defendant can choose to waive it. This level of protection from the criminal justice system is one of the foundations of our legal system, and it is covered extensively In fact, that is almost certainly how you should take it. If you are charged with a felony in Michigan, a preliminary examination is a probable cause hearing where it is determined if a crime was probably committed and the accused probably committed it. More . Many of our winning motion to suppress and trial strategies are built through effective cross examination at the preliminary hearing even in cases where the charges are held for court. Disposition states the preliminary hearing is vacated, early disposition is reset to further date. About This Article Briefly: A preliminary hearing setting conference (only for felony cases) is a hearing where the judge will set or adjust the date for a preliminary hearing, perhaps rule on requests for experts or independent testing and the prosecutor and defense counsel will discuss resolution of the case. If a case is dismissed at the Preliminary Exam phase, or if there is a Plea Bargain reducing the charge from a Felony to a Misdemeanor at the District Court, then of … The defendant is guilty of more than the charged offenses and fears further charges from the potentially damning evidence that may come out at the preliminary hearing. A pre-preliminary hearing (sometimes called different things in different counties) is a court date for both sides to see if the case can be resolved by a plea, if there is any outstanding discovery or if there needs to be a different court date set. If the defendant is out on bail, it must be scheduled within 21 days of the initial appearance. This means that after the Preliminary Exam phase, the matter is transferred “up” to the County Courthouse. Preliminary Examinations in Michigan District Courts are best described in MCL 766.4. A preliminary examination is a probable cause hearing held at the district court level. 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