Michigan Criminal Procedure
Preliminary Examination

The preliminary examination applies only to Michigan felony cases and it is scheduled within 14 days after the arraignment. The purpose of the preliminary hearing is for the prosecutor to show that there is probable cause to believe that the defendant committed the crimes which are charged. Our criminal defense lawyers are familiar with the District and Circuit Court Judges in Macomb County, Oakland County and Wayne County and can make strategic recommendations regarding preliminary examinations to clients.

Waiving the Preliminary Examination
There may be valid reasons for a criminal defense attorney to advise a client to waive the preliminary examination. For example, the Judge may authorize additional charges that may arise after a preliminary examination is held if supported by the evidence. Furthermore, the testimony taken at the preliminary examination may be used by the prosecution when the witness cannot be produced at trial.

Holding the Preliminary Examination
As experienced criminal defense lawyers, we know when it is in your best interest to hold your preliminary examination. We often will use the preliminary examination to expose a weak case, lock in the testimony of witnesses, discredit a witness or to flush out the prosecutor's case.

Motion to Quash Granted After Preliminary Exam
When a preliminary examination is held, the district court judge must rule on whether there is probable cause to support the charges. Upon a finding of probable cause, the case is bound over to the circuit court for further proceedings and trial. However, a motion to quash may be filed in the circuit court to review the decision by the district court judge.

We held a preliminary examination in a child abuse case in St. Clair Shores. Although the district court judge found probable cause, we filed a motion to quash in the Macomb County Circuit Court based upon the defense which allows a person to provide reasonable discipline. Our motion was granted and the case was dismissed.

Our Macomb County criminal defense lawyers can advise you on the best course of action. We know first-hand that a preliminary examination may be an opportunity to have charges reduced or dismissed if the evidence is insufficient.