Should I wave my preliminary examination?

What is a preliminary examination?

Michigan Criminal cases begin with an arraignment followed by a Pre-Exam conference or a preliminary examination. A preliminary exam is a hearing held in Michigan district courts.

You are entitled to have your preliminary examination with in 14 days of arraignment of Michigan criminal charges. Your criminal defense attorney will often wave the right to have the hearing within 14 days in order to prepare. Your attorney should make sure he is only waving the right to have the hearing within 14 days and not the hearing itself.

A preliminary examination is a probable cause hearing. The prosecution must prove that a crime was probably committed and that the Defendant probably committed it. This is a low burden. In the event the prosecution is able to meet their burden the case will be bound over to a Michigan Circuit Court for the same county as the Michigan District Court. The case will proceed to a possible resolution or possible trial.

Should I wave my preliminary examination?

Whether or not you should wave the exam is a choice you and your attorney should make together. Make sure that if you wave the preliminary examination you wave it for the right reason. All to often Defendant’s wave the exam to speed the trial process up, or for the hope that they will be released from custody – this is not the right reason to wave the exam. Make sure your attorney isn’t waving the exam due to pressure from the prosecutor or the judge.

Should I hold my preliminary examination?

The biggest reasons to hold an exam are to gain knowledge of the case and know what witnesses will testify to at trial. This also gives your defense attorney the ability to impeach the prosecutions witnesses later. Another reason to hold the exam is if you believe an important witness will not be available later or may change their story. Of course there is always the chance that the prosecution will not be able to prove the two elements above and the case could be dismissed.

If you are facing criminal charges hire a Michigan Criminal Defense Attorney that knows what they are doing. Hire Aaron J. Boria, PLLC, for a free consultation call (248) 956-0350.