We’ve discussed the booking process and arraignment process in past blogs, and now you likely need to know what happens during a preliminary examination. A preliminary examination can be a very brief hearing, or a lengthier event that resembles a short trial. Your attorney or one of our bail bond agents will explain many of these steps to you in detail, but following are some of the basics you need to know.
Basic Overview of What Happens During a Preliminary Examination
First, a preliminary examination of the evidence against the defendant occurs within two weeks of the arraignment.
In many cases, the preliminary examination is waived to allow for the case to proceed without unnecessary delay or costs. The attorney and defendant’s decision about whether or not to waive the preliminary examination is based on a variety of factors. These include the possibility that the preliminary could lead to more evidence that can be used against the defendant at the full trial.
However, if the defense attorney believes the case could be dismissed, a preliminary examination may be held. It will resemble a mini-trial, but without a jury.
During this hearing, the prosecutor may call witnesses and present evidence that the judge will listen to and review. If the judge finds that enough valid evidence has been presented to establish probable cause, the judge will refer the case to a higher court for a full trial. In St. Clair County, this generally means that the case will be sent from the 72nd District Court to the 31st Circuit Court.
Because the standard for determining probable cause is relatively low, even when the preliminary examination is held, most cases are bound over to the circuit court.
Discussions about a plea agreement, procedural aspects, and stipulations may also take place at the preliminary examination stage of the trial process.
Get the Support You Need
If you have been charged with a misdemeanor or felony, it’s important to have a knowledgeable, trustworthy attorney and bail bond agent by your side. A variety of resources are available to help you find legal representation, such as the State Bar of Michigan and the One Court of Justice website. Ask your attorney for more information about what happens during a preliminary examination in a case such as yours.
If you need help getting out of jail, contact our Port Huron area bail bonds agents online or by phone at (810) 605-5555.
Tags: Court Process, Port Huron Court, Preliminary Examination, St. Clair County Court, Trial Process