If you’re facing felony charges in Michigan, one of the first steps in your case may be a preliminary hearing, also known as a preliminary examination. This hearing takes place in district court and plays a significant role in whether your case will move forward to trial. It’s not something to take lightly. At Federal Criminal Attorneys of Michigan, we understand how stressful this time can be, and we can help you understand what to expect and how we can protect your rights from the start.
What Is the Purpose of a Preliminary Hearing?
The purpose of a preliminary hearing is to determine whether the prosecutor has enough evidence to support the charges against you. This is not a trial, and the standard of proof is lower than “beyond a reasonable doubt.” At this stage, the judge is simply asking: Is there probable cause to believe a crime was committed, and that you committed it?
If the judge decides the answer is yes, your case moves to court for trial. If not, the case could be dismissed right then and there. This hearing acts as a safeguard to prevent unsupported charges from going forward.
What Happens During the Hearing?
In most Michigan felony cases, the preliminary hearing is held within 14 days of your arraignment unless it’s waived or postponed. It’s a short but important proceeding, typically lasting less than a day.
Here’s what usually happens:
- The prosecutor presents witnesses and sometimes physical evidence.
- The defense has the right to cross-examine the witnesses.
- The judge listens to both sides and determines whether there’s probable cause.
You won’t be found guilty or not guilty at this stage. But the hearing offers the first real look at the strength of the state’s case, and it can set the tone for everything that follows.
Your Rights at a Preliminary Hearing
You still have constitutional rights during a preliminary hearing, and we’re here to make sure they’re fully protected.
You have the right to:
- Be represented by an attorney.
- Hear and see the evidence being presented.
- Cross-examine witnesses who testify against you.
- Remain silent and not testify.
Sometimes clients are unsure whether they should testify at this stage. In most cases, it’s better to wait, but that’s something we’ll discuss together based on the facts of your case. Our job is to protect you from making moves that could hurt your defense later.
How We Can Use This Stage to Build Your Defense
The preliminary hearing isn’t just a formality. It’s often our first chance to begin building your defense in a meaningful way.
We can:
- Question the credibility of the prosecution’s witnesses.
- Identify gaps or weaknesses in the evidence.
- Lock in witness testimony under oath for use later in your case.
- Push for dismissal or reduction of charges before things move further.
This is also a chance to gather information that will help us prepare for trial or explore resolution options if that’s what’s best. We take every opportunity to protect your rights.
What Happens If the Judge Finds Probable Cause?
If the judge finds that there’s probable cause, your case will be “bound over” to the circuit court. That means the case moves to a more serious phase, where the trial or plea negotiations take place.
At this point, we’ll continue to build your defense with a sharper understanding of the prosecution’s case. This includes:
- Investigating further
- Filing motions to exclude certain evidence
- Negotiating potential outcomes when appropriate
The preliminary hearing gives us a preview of what’s to come and helps us plan accordingly.
Talk to Us Before Your Preliminary Hearing
Don’t wait until things get out of hand. If you or someone you care about has a preliminary hearing coming up in Michigan, it’s time to get legal help now. We’ve handled hundreds of preliminary examinations across the state and know how to protect your rights at every step. Call Federal Criminal Attorneys of Michigan today to schedule a free consultation. We’ll explain your options and fight to keep your future on track.
