What's a Michigan Preliminary Examination? Hiring a criminal defense lawyer for my case. If you're charged with a felony in Michigan, you have the right to a preliminary examination within 14 days of your arraignment. A preliminary examination is a "mini trial" where the prosecution must prove the elements of the alleged crime; the standard of proof is lower than a trial.
You have the right to an attorney for the preliminary examination, and the prosecution must prove that there is "probable cause" that the crime occurred, and probable cause that the charged person is the one who committed the crime.
The 14 day rule can be waived by both the prosecution and the defense, which means the examination can happen at a point beyond 14 days of your arraignment. If the charged party is not currently in custody, the 14 day rule is usually waived by both sides, which allows additional time to prepare, and decide whether the examination is necessary.
The prosecution will usually waive the right to hold the examination unless the prosecution believes that they need to "preserve testimony" of a witness. This is typically done in a domestic violence third offense case or other felony offenses where the defendant and victim know each other. The prosecution elicits testimony in order to "lock-in" the witness testimony, and prevent that witness from changing or not cooperating at a later date.
The defense may waive the examination if after an extensive conversation between defense lawyer and defendant, the parties don't believe the examination would benefit the case, and would rather proceed to the circuit court for trial. It's common to waive an examination if the prosecution's case is based upon police officer testimony rather than civilians.
If the defense believes a civilian will not testify or will not testify as the prosecution expects, the defense may demand the examination in hope that the case is not bound over, because the prosecution cannot meet the burden of probable cause.
An examination may also be used for discovery purposes, and to learn more about the strengths and weaknesses of the case. It may be helpful to have police officers testify, and lock in their testimony before trial.
The right to a preliminary examination is very important, and a person facing a Michigan felony should have an extensive conversation with their attorney before deciding whether or not to demand an examination.
You have the right to an attorney for the preliminary examination, and the prosecution must prove that there is "probable cause" that the crime occurred, and probable cause that the charged person is the one who committed the crime.
The 14 day rule can be waived by both the prosecution and the defense, which means the examination can happen at a point beyond 14 days of your arraignment. If the charged party is not currently in custody, the 14 day rule is usually waived by both sides, which allows additional time to prepare, and decide whether the examination is necessary.
The prosecution will usually waive the right to hold the examination unless the prosecution believes that they need to "preserve testimony" of a witness. This is typically done in a domestic violence third offense case or other felony offenses where the defendant and victim know each other. The prosecution elicits testimony in order to "lock-in" the witness testimony, and prevent that witness from changing or not cooperating at a later date.
The defense may waive the examination if after an extensive conversation between defense lawyer and defendant, the parties don't believe the examination would benefit the case, and would rather proceed to the circuit court for trial. It's common to waive an examination if the prosecution's case is based upon police officer testimony rather than civilians.
If the defense believes a civilian will not testify or will not testify as the prosecution expects, the defense may demand the examination in hope that the case is not bound over, because the prosecution cannot meet the burden of probable cause.
An examination may also be used for discovery purposes, and to learn more about the strengths and weaknesses of the case. It may be helpful to have police officers testify, and lock in their testimony before trial.
The right to a preliminary examination is very important, and a person facing a Michigan felony should have an extensive conversation with their attorney before deciding whether or not to demand an examination.
