On this page you will find general answers to common questions asked by defendants in criminal cases. Nothing contained on this page is intended as legal advice nor does it create an attorney-client relationship between any person and this office. The information contained on this page is for reference purposes only and may not apply to your specific case. For specific answers to your questions you should contact an attorney.
What happens at a preliminary examination?
The preliminary examination can either be held or waived. If the preliminary examination is held, the prosecution must present witnesses and evidence, and the judge must decide whether probable cause exists from the evidence presented. It's conducted like a trial, but only a limited number of witnesses are presented. If the preliminary examination is waived, the defendant is automatically bound over as charged to the circuit court.
If the defendant is bound over to circuit court, does that mean that they are guilty of the crime?
No. It only means that the case is advanced to circuit. A final resolution of the case will occur in that court. All future proceedings on that case will occur at the circuit court level once the case is bound over. Whether the preliminary examination is held or waived, the defendant still has a right to a trial at Circuit Court, and the preliminary examination does not constitute a finding of guilt or final adjudication of the case.
Can bond be reviewed by the judge at the preliminary examination?
Yes, both the prosecution and defendant can ask the judge to review bond. The judge can modify the amount or conditions of bond.