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Understanding Preliminary Examinations
A preliminary examination is a critical stage in the criminal justice process, where the prosecution must establish probable cause that the defendant committed the alleged crime. Essentially, it functions as a mini-trial. During this hearing, the prosecution presents evidence and witness testimony to demonstrate that a felony has occurred and that the defendant is likely responsible. The defense attorney has the opportunity to cross-examine witnesses and present evidence to challenge the prosecution’s case. The district court judge then decides whether there is sufficient evidence to bind the defendant over to circuit court. This stage is crucial as it determines whether the case will proceed to trial.
A Michigan criminal defense lawyer answers the question: What is a preliminary examination?
A preliminary examination is basically a mini-trial. A preliminary examination assesses the strength of the allegations in a criminal case. In Michigan, every person charged with a felony crime is entitled to one. It generally happens within a week or two after a person is charged with the felony crime but can be adjourned or rescheduled; for example, if the defense attorney wants more time to investigate the case. In our cases, we like to reschedule the preliminary examination if there are videos that we haven’t gotten. If a defendant waives their right to a preliminary examination, it can have significant implications, such as saving time or avoiding unfavorable testimony.
A preliminary hearing is like a mini-trial. The defendant, the defense attorney, the prosecutor, their witnesses, and the judge will have a hearing. The complainant may or may not be there. It isn’t always required for them to be. The defendant’s rights during this stage are crucial, as they have the opportunity to cross-examine witnesses and present evidence.
For example, in a theft case, a police officer could testify about the value of the stolen property. The prosecutor might just have a police officer and complainant (depending on the case). It’s their decision. Even if there are other witnesses to an alleged crime, the prosecutor doesn’t necessarily need to have them testify yet. Defense counsel plays a critical role in guiding defendants through these preliminary examinations, ensuring that legal strategies are effectively executed.
At the preliminary exam, the District Court judge will take testimony from the prosecutor’s witnesses. The defendant (via their attorney) will have the chance to cross-examine the prosecutor’s witnesses. To boil the hearing down to its basic elements, it’s designed to answer two questions:
- Was a crime was probably committed?
- Did the defendant probably committed that crime?
These exams are significant under Michigan law, as they determine whether the prosecution has met the burden of proof to proceed with the felony case.
The Preliminary Hearing Process
The preliminary hearing process typically begins with the prosecutor presenting their case, calling witnesses, and introducing evidence to establish probable cause. The defense attorney then has the opportunity to cross-examine the prosecution’s witnesses and present evidence to challenge the prosecution’s case. The judge reviews the evidence and testimony presented and decides whether there is sufficient evidence to bind the defendant over to circuit court. If the judge finds probable cause, the defendant is bound over to circuit court, where the case will proceed to trial. If the judge finds no probable cause, the case will be dismissed, providing a significant relief for the defendant.
What is the burden of proof at a preliminary examination?
The “burden of proof” is “probable cause.” In other words, the prosecutor has the burden of proving (1) and (2) above is probably true. It’s not a 51/49 burden of proof, which is called “preponderance of the evidence” and applies in civil cases. It’s also nowhere near the “beyond a reasonable doubt” that a jury has to use. The reasonable doubt standard is much higher and applies during a full criminal trial, whereas the probable cause standard is used during preliminary examinations.
If the judge answers (1) and (2) as “yes”, the defendant is “bound over” to circuit court to all of the counts the district judge answered “yes” to. That just means that the case is going to continue toward jury trial in the circuit court. If the judge answers either (1) or (2) as “no”, the case will end for the time being, and the judge may dismiss the charges due to lack of probable cause. Double jeopardy has not attached, which means the prosecutor can re-file the charges and continue the case.
During the preliminary examination, the judge determines if there is enough evidence to bind the defendant over to circuit court. Evaluating the strength of the prosecution’s case is crucial during this stage.
Having legal representation is vital for achieving a successful outcome, as a skilled lawyer can significantly enhance the chances of contesting charges and improving the defendant’s legal standing.
What Happens After a Preliminary Examination?
After a preliminary examination, the case will either be bound over to circuit court or dismissed. If the case is bound over, the defendant will be arraigned in circuit court, and the case will proceed to trial. If the case is dismissed, the defendant is free to go, but the prosecution may re-file charges if new evidence is discovered. In some instances, the prosecution may offer a plea deal to the defendant, which can result in a reduced sentence or charges. The defendant’s attorney will advise them on the best course of action and negotiate with the prosecution to achieve the best possible outcome.
Importance of Preliminary Examinations in Criminal Defense
Preliminary examinations are a critical stage in the criminal justice process, and it is essential for defendants to understand their rights and the importance of this stage. A preliminary examination provides the defense attorney with the opportunity to challenge the prosecution’s case, cross-examine witnesses, and present evidence to support the defendant’s innocence. It also allows the defendant to see the prosecution’s case and make informed decisions about how to proceed. An experienced criminal defense attorney can help the defendant navigate the preliminary examination process and achieve the best possible outcome.
Call Andriacchi Law to hire an Ishpeming and Marquette criminal defense lawyer
If you are facing a felony and have an upcoming preliminary examination, contact Andriacchi Law right away.
A preliminary examination is a critical stage of criminal proceedings. If a defendant intends to plead guilty, they should consult with their attorney about waiving the preliminary examination. The defense believes that evaluating the prosecution’s case is crucial, as it can reveal weaknesses or strengths that impact the decision to waive the examination. Waiving a preliminary examination or having the wrong strategy can be a major mistake to make. Don’t wait, act now. Consulting with an attorney before deciding to waive the preliminary examination is essential to ensure an informed and strategic decision.