In Michigan, a preliminary examination is a hearing that takes place in district court after an individual has been charged with a felony. The purpose of the preliminary examination is to determine whether there is enough evidence to bind the individual over for trial in circuit court.

MCL 766.4 is a Michigan state law that outlines the procedures for conducting a preliminary examination. According to this law, a preliminary examination must be held within 14 days of an individual’s arrest, unless the individual waives their right to a preliminary examination or the court grants an extension. The preliminary examination is typically held in the district court where the felony is alleged to have occurred.

During the preliminary examination, the prosecution must present evidence to support the charges against the individual. This may include testimony from witnesses, physical evidence, and any other relevant information. The individual charged with the crime has the right to be present at the examination, to cross-examine the prosecution’s witnesses, and to present their own evidence.

After the prosecution has presented its case, the district court judge will decide whether there is probable cause to believe that the individual committed the felony. If the judge determines that there is probable cause, the individual will be bound over for trial in circuit court. If the judge determines that there is not probable cause, the charges will be dismissed and the individual will be released. It should be noted that a district court judge can add additional charges if there is evidence by at least probable cause to support them.

Overall, a preliminary examination in Michigan is a crucial step in the criminal justice process. It is an opportunity for the prosecution to present its case and for the individual charged with a crime to defend themselves. By following the procedures outlined in MCL 766.4, the district court can ensure that the rights of both the prosecution and the accused are protected and that justice is served.