20-Year Felony Dismissed At Exam
Our client was facing a 20-year felony offence for the manufacture and delivery of a controlled substance. We arrived at the Wayne County Circuit Court, The Frank Murphy Hall of Justice, ready for his preliminary exam. Evidence was admitted and then – BAM Count 1 dismissed!
In any felony matter, the defendant is entitle to a preliminary examination, or prelim as it is often referred to, which is a hearing where the prosecution must prove that a crime was probably committed and that the defendant probably committed it.
The prosecution must prove the facts of the case by probable cause, a standard of proof above reasonable suspicion (what is needed for police contact when they suspect you may be engaging in illegal activity) and below a preponderance of the evidence (which is what is needed in civil matters).
If the judge does not find probable cause that a crime occurred then the case will be dismissed. If however, the judge does find probable cause then the matter will be bound over to the circuit court and will proceed to trial.
In some cases exams can be waived but we only recommend that this be done in cases where there is a possibility that additional charges will be added.
Manufacture and Delivery of a Controlled Substance
Manufacture and Delivery of a Controlled Substance is a very serious offense. Because of the amount and type of narcotic in this particular case the maximum possibility of prison time our client was facing was 20-years, a life sentence!
The prosecution’s best offer was for 1 to 4 years in prison. Well, looks like he won’t be taking that offer.
Michigan Criminal Lawyer
If you or loved ones are facing criminal charges you need a criminal defense lawyer that will fight for your rights and protect your future. That criminal defense lawyer is Aaron J. Boria. Call (734) 453-7806 to day for a free consultation.