The first court appearance after an arrest is the arraignment. Next is the preliminary examination of the evidence against the defendant. We’ve discussed the arraignment, and now, here are the things you can expect to happen at a preliminary examination.
Things You Can Expect to Happen at a Preliminary Examination
While an arraignment occurs within 72 hours after an arrest, the preliminary examination takes place within 14 days after the arraignment. There may be some exceptions, but that’s the general rule.
A preliminary examination is a probable cause hearing that is held at the district court level. In other words, “probable cause” must be established in order for the criminal proceeding to occur. This helps to ensure that the defendant’s rights are respected and protected.
For these reasons, the preliminary examination is sometimes referred to as a “probable cause hearing.” Because the standard for determining probable cause is relatively low, most cases where a preliminary examination is held are bound over to the circuit court, where the trial process continues.
While not all of the following will take place every time, here are some of the things you can expect to happen at a preliminary examination.
1. A defendant can waive the preliminary examination and have the case proceed directly to the circuit court. This is very common for a variety of reasons, such as the defendant plans to plead guilty or the testimony could lead to more charges, as described on the Criminal Defense Lawyer website.
2. A preliminary examination is like a shorter version of the trial but without a jury.
3. The prosecutor must call witnesses and present evidence to establish that there is probable cause.
4. The district court judge would listen to testimony and review exhibits.
5. Discussions about a possible plea agreement among the prosecuting attorney, the defendant, and the attorney for the defendant may also take place.
6. Bail and the opportunity for the defendant to petition the magistrate for a bond modification may be discussed.
7. The parties also will go over the procedural aspects of the case and stipulations.
Contact Detroit Bail Bonds for Additional Details
If you need additional guidance, let us know. We can either help you understand the things you can expect to happen at a preliminary examination or direct you to informative resources. We can be reached through our Detroit Bail Bonds website or by phone at 313-244-0669. We are here for you 24 hours a day, 7 days a week – whether you need guidance or assistance with the bail bond process.
