This Order After Preliminary Hearing - Inquiry - Delinquency Proceedings is an official document from the Michigan State Court Administration Office, and it complies with all applicable state and Federal codes and statutes. USLF updates all state and Federal forms as is required by state and Federal statutes and law.
Michigan Order After Preliminary Hearing Or Inquiry (Delinquency Or Personal Protection)
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FAQ
Try to directly persuade a prosecutor that a charge should be dropped, cast doubt on an accuser, highlight conflicting evidence, and. provide a reality check on the potential success of brining a charge.
Even though the defense doesn't expect to see all the prosecution's cards, the preliminary hearing may give the defense a preview of how strong the prosecution's tangible evidence is, how persuasive the prosecution's witnesses are, and how believable those witnesses are likely to be should the case go to trial.
It's worth noting that not all criminal charges go to trial. Indeed, many charges are dropped prior to trial during negotiations between prosecutors and defense lawyers. But it is only the prosecutor who can drop such charges.
What Is a Preliminary Exam? A preliminary exam is like a mini version of a trial, absent the jury. The judge assigned to the case will alone decide whether the prosecution has met their burden of proof. The prosecution presents their case first.
After the Preliminary Examination hearing the District Court Judge will make a ruling. He or she will either find that probable cause exists and will bind over the defendant to Circuit Court for Trial.
The purpose of a preliminary hearing, is for a judge to decide if the evidence against a defendant is sufficient to proceed to Common Pleas, or trial, level, which takes place at the big courthouse (formally known as the County Courthouse). The preliminary hearing is not a determination of guilt or innocence.
The first major benefit of a preliminary hearing is that a defendant gets to challenge the evidence which is being used to hold them in jail. If a defendant prevails at the preliminary hearing, then the defendant is released without having to post a bond or they no longer have to make bond payments.
Some of the rights afforded defendants during a preliminary hearing include:Defendants can successfully have their charges dismissed if they prove a prosecutor's case lack sufficient evidence to prove that a crime occurred.