The Purpose of a Preliminary Examination
The preliminary examination serves several important purposes. The primary purpose is to determine whether there is probable cause to hold the defendant to answer for the charges. If the defendant is charged with a felony, he or she has the right to a preliminary examination within 10 days of being charged, absent a waiver or approval of continuance from the court.
If there is no probable cause, the charges are dismissed. If there is enough evidence for the prosecution to go forward with the case, there will be a preliminary hearing.
The preliminary hearing is also to determine whether there is enough evidence to hold the defendant to answer. Preliminary examinations are more common in felony cases, while in misdemeanor cases the preliminary examination is usually called a probable cause hearing.
Another purpose of a preliminary examination is to allow defense counsel to see the prosecution’s evidence. Normally , the only evidence that the defendant has seen prior to the preliminary examination is what was contained in the police report. Even if you have a good defense and innocent from the charges, you still may want to know what evidence the prosecution has. The prosecution normally has to disclose all of the evidence they have with respect to the charges.
The prosecutor is required to disclose the evidence against the defendant pursuant to Penal Code Section 1054, which basically means that it has the right to see all discovery of the evidence before the preliminary hearing date. It is important for criminal defendants to have qualified legal defense counsel. A skilled criminal defense attorney knows exactly what evidence they are entitled to see and how to go about getting the evidence.
How a Preliminary Examination is Conducted
If a defendant wants to conduct a preliminary examination in a felony criminal case, they must file the proper application and pay a fee. If the application is granted, a date is set. The defendant may waive the preliminary exam and move forward with the case. A preliminary exam is held in what is called the "district court". The district court is the lowest level of trial court in Michigan. Once a case reaches what is called a "circuit court", the parties may no longer conduct certain pretrial motions and hearings.
In the district court, the judge will typically set the matter for a date that is not more than 14 days after the application for the preliminary exam is filed. This may seem like a long time, but in most cases, police reports must be obtained by the prosecutor and certain witnesses must be given a subpoena. A subpoena informs a witness that they must attend the preliminary exam, or face contempt penalties.
A preliminary exam is very similar to a "mini-trial". The judge, the prosecutor, the defense attorney, witnesses, and the defendant (if out of custody) are present. This type of hearing is open to the press and the public. During the preliminary exam, the prosecutor will call one or more witnesses to testify. If it is a drug case, a chemist from the Michigan State Police Crime Lab may be called to testify about any illegal drugs that were seized. Most of the witness testimony that is presented in the case-in-chief or the prosecutor’s case in chief, is presented at the preliminary exam. This means that if the case goes to trial, the prosecutor is not allowed to call those same witnesses again.
The defendant has the right to cross-examine the witnesses. Keep in mind, the defendant is presumed innocent of the charges and does not have to prove anything. If the defendant feels that there are flaws in the prosecutor’s case, he or she may vigorously cross-examine any material witnesses.
After both the prosecutor and the defendant have had an opportunity to present their cases, the judge makes a ruling on whether the defendant should "stand trial" on the charges. In order to proceed to trial, the judge must determine whether there is probable cause that the defendant committed the crimes.
Most of the time, the charges are sent forward to the circuit court. In some cases, if the judge decides that it is appropriate, they will reduce the charges to a misdemeanor offense. In a manslaughter case, for example, if the judge believes that the defendant acted in a manner that constituted mere negligence and not gross negligence, the judge may reduce the charge to involuntary manslaughter or negligent homicide.
Defendant’s Rights
At a preliminary examination, the judge will consider the evidence presented by the attorney for the state and the defense attorney. A preliminary examination is essentially a hearing before a judge without a jury in connection with a felony charge. S/he will then determine if there is probable cause to bind you over for trial. A preliminary exam can be requested by the defendant via their attorney or can be initiated by the court. If the court orders a preliminary examination, the defendant is entitled to be represented by an attorney at the hearing. If the defendant cannot afford an attorney and establishes this, the court will appoint one at its expense.
If the Judge at the preliminary examination finds probable cause that you committed the offense charged, you will be ordered to stand trial in the Circuit Court. This does not mean that the defendant is guilty. It is possible that the defendant will be acquitted after appearing in trial, either because of exculpatory evidence presented at trial, a successful defense argument, or a jury’s verdict after deliberation.
If the Judge does not find probable cause, he or she must dismiss the charges. This does not prevent the states attorney from refiling the charges and, if necessary, obtain a warrant for your arrest. A preliminary exam should not be confused with a trial. It is not a jury trial. It is not even a trial before a judge. The whole point of a preliminary exam is to determine whether or not enough evidence exists to require the defendant to stand trial.
Preliminary Examination Vs Trial
While both preliminary examinations and trials are adversarial proceedings, there are significant differences between the two. At a trial in a court of law, either a judge or a jury strives to determine the outcome of a case in terms of removing reasonable doubt as to the defendant’s guilt or the possibility that the plaintiff can prevail with his or her lawsuit. The same cannot be said for the preliminary examination, as it is meant to determine if a felony charge is merited. Since it serves only a screening purpose, the preliminary examination has more lax rules than a trial and the judge expects it to be an expedited process aimed at determining whether or not felony charges are appropriate. For instance, a misdemeanor complaint is more suited for being served on the alleged perpetrator prior to the filing of felony charges since its intent is to lead to a fine or maximum of one year in prison . Felony charges, on the other hand, require the prelim hearing so that the judge can assess the case and determine if charges will proceed. At this stage, witnesses for the prosecution go through direct examination. Defense attorneys are also allowed to present their case, except that no cross-examination is permitted. An important difference is that the preliminary exam does not have the same level of authority as a trial and does not have the potential of convicting a defendant. The presiding judge is only responsible for issuing a ruling related to setting or denying bail based on the possible charges against the defendant. A felony complaint must then be filed by the local prosecutor’s office. A prosecutor can also amend a felony complaint and issue additional charges that were not part of the prelim hearing, although any evidence that was deemed admissible in the preliminary examination is no longer allowed at the trial.
Preliminary Examination Outcomes
A preliminary examination is a form of proceeding to determine whether there is probable cause that a crime or crimes occurred (if a felony), or whether there is probable cause to bind a misdemeanor case over for trial (if a misdemeanor). The examination is held in a district court, which does not have the power to conduct a trial. Therefore, the case will eventually have to be heard by a circuit court judge at trial, or otherwise resolved in some manner.
There are essentially three possible outcomes that will occur after the preliminary examination concludes. The first possibility is that the District Court judge will dismiss one or more of the charges. This is distinctly different from an "acquittal" at a trial, which means that the judge or jury determined that the prosecution had not proven its case beyond a reasonable doubt. A dismissal following the preliminary examination means that the judge believes that the crime or crimes charged were not committed (or that the defendant did not commit the crime or crimes charged), or that there is not legally sufficient evidence to bind the case over for trial. The second possibility is that the District Court judge will bind the case over for trial. Binding a case over for trial simply means that the District Court judge, after examining the evidence offered at the preliminary examination, has decided that there is enough evidence for the case to be heard at trial.
The third possibility is probably the most frustrating situation for the defendant and his or her attorney. After a preliminary examination, the judge may bind the case over for trial and still order the defendant to continue with the arraignment and pretrial proceedings in the district court. This can become very confusing because just prior to the preliminary examination, the arraignment and pretrial proceedings will have taken place. The defendant will have entered a "not guilty" plea, and pre-trial motions may have been filed in the District Court. If the case is bound over for trial, it does not mean that it is going to be tried in the District Court, at least not immediately. Rather, the District Court judge believes that the evidence is sufficient to bind the case over for trial in the Circuit Court, but the District Court judge is apparently not ready to give up jurisdiction of the case for some reason.
It is important to note that the case is now in the Circuit Court. That’s right! Even though the district court judge ordered that the case remain in district court, it is in the Circuit Court. Therefore, the defendant is able to file motions to amend the charges, motions to obtain discovery, and preliminary examination motions in the Circuit Court. It is also important to note that if the District Court judge binds the case over for trial but does not dismiss the case, the case will soon be assigned to a Circuit Court judge to begin trial proceedings. The defendant should be aware that there may be a delay before the Circuit Court will be ready for a trial, and the delay will likely become more pronounced if the case is going to be set for trial more than a year after the preliminary examination date, due to changes in the law.
Effect of a Preliminary Examination
The results of a preliminary examination can have a significant impact on the ensuing legal proceedings. If the magistrate determines that the evidence fails to establish probable cause, the charge must be dismissed. This means not only is the defendant free from custody, but moreover the criminal charge is no longer pending. In contradistinction, if the magistrate finds that probable cause has been established , then the defendant may be held with or without bail as stated in the remand order. The case is then usually set over for initial appearance or arraignment and eventually called at some time thereafter in the circuit court for pretrial hearing or trial. As outlined above, the court will consider whether to release the defendant with or without bond. Under certain circumstances, the court may elect not to release or remand the accused to pretrial detention. Depending on the facts and circumstances of the particular case, these decisions maybe delegated to the magistrate, the pretrial detention services, or even the circuit court judges.