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Michigan Order After Preliminary Examination - Designated Case

State:
Michigan
Control #:
MI-JC-69
Format:
PDF
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Description

This Order After Preliminary Examination - Designated Case 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.

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FAQ

If you are held for court, the next step in the process is arraignment.

An arraignment is usually the first court hearing in a criminal case. At an arraignment hearing, the accused enters a plea (guilty, not guilty or no contest), the issue of bail and release is determined, and a future court date is set usually for the pretrial or, in a felony case, the preliminary hearing.

The preliminary hearing is like a mini-trial. The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses.If the judge concludes there is probable cause to believe the crime was committed by the defendant, a trial will soon be scheduled.

Probable Cause Hearing Using a probable cause standard, the Prosecutor must show that a crime was committed, and that the defendant committed it. If the Judge determines there is probable cause, the defendant is bound over to the Circuit Court for further proceedings.

Is there probable cause to believe the alleged crime occurred and did it occur within the court's jurisdiction? Is there probable cause to believe that the defendant committed the crime?

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.

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.

In a preliminary hearing in Los Angeles and in all other counties, an accused is entitled to be present, to have a lawyer present and, with certain exceptions to cross examine the witnesses who testify against him or her at the preliminary hearing.

Probable cause hearing may refer to a preliminary hearing that happens well after the filing of charges, at which the court hears testimony in order to determine whether it's more likely than not that the defendant committed the alleged crimes. If the court finds probable cause, then the case may proceed to trial.

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Michigan Order After Preliminary Examination - Designated Case