Wayne County Prosecutor Diversion Section - Pre-Exam Program
Wayne County Prosecutor
Screening & District Courts Division
Diversion Section - Pre-Exam Program
The Pre-Exam Program operates as a part of the Screening and District Courts Division of the Wayne County Prosecutor's Office. Eligible cases are screened and identified at the warrant stage. Cases are selected if it appears according to the sentencing guidelines that, upon conviction, the defendant is unlikely to be incarcerated or is eligible for diversion, HYTA or MCL 333.7411 consideration. A defendant, when arraigned on the warrant on a case eligible for the Pre-Exam Program, is given two dates: a pre-exam date and an exam date. Instead of going to the 36 th District Court for Preliminary Examination, the cases go to two judges sitting in the Frank Murphy Hall of Justice. A plea offer is made on each case. The defendant may waive the exam and accept the plea, waive exam without a plea, or demand an exam, in which case it goes back to the 36 th District Court for an exam.
The success of the program speaks for itself. Almost half the Detroit felony cases in the 3rd Circuit Court pass through it. In 2005, this amounted to 4,711 defendants on 4,377 cases, 60% of which waived exam. This saved approximately 6,430 police officers and 792 civilians from appearing at the 36th District Court for a preliminary exam, which would have been waived anyway. A large majority of defendants are in jail and would have waited in jail much longer to resolve their cases. This represents a huge saving in jail space and resources.
Contact Information
| Deputy Chief Diversion |
William Heaphy
Wayne County Prosecutor's Office
Frank Murphy Hall of Justice
10th Floor
1441 St. Antoine
Detroit, Michigan 48226
(313) 224-2887
|
| Lead Attorney Pre-Exam Program |
Ray Maguire
Wayne County Prosecutor's Office
Frank Murphy Hall of Justice
11th Floor
1441 St. Antoine
Detroit, Michigan 48226
(313) 224-2877 |
Frequently Asked Questions
Q. What is the purpose of the Pre-Exam Program?
A. To encourage prompt disposition of less-serious felony offenses and save all parties (prosecution, defense, and the court) time and unnecessary court hearings.
Q. When is the Pre-Exam Conference held?
A. Usually within one week of the defendant's arraignment on the warrant.
Q. What cases are scheduled for Pre-Exams?
A. The program currently applies only to low-level felonies arising in the City of Detroit. "Capital" crimes (those carrying a maximum of life in prison) and other serious assaultive felonies are not scheduled for Pre-Exams, but are instead sent directly to the 36 th District Court.
Q. What happens at the Pre-Exam?
A. The Defendant can plead guilty and proceed to sentence; waive his right to an examination and consider pleading at a later date; or, demand an examination in the District Court.
Q. What are the advantages to the public?
A. Early disposition of a case means more efficient use of public resources. Unnecessary court hearings are not scheduled. Police Officers spend more time on the streets and less time in court. Civilian witnesses and crime victims are also required at fewer hearings.
Q. What are the advantages to the defendant?
A. The Prosecutor's Office encourages early settlement of cases by making the most advantageous possible plea offers at the Pre-Exam. In addition, judges tend to make more favorable bond rulings for defendants who admit guilt at an early stage.
Kym L. Worthy
1200 Frank Murphy
1441 St. Antoine
Detroit, MI 48226
Ph: (313) 224-5777
Fx: (313) 224-0974