On all misdemeanor and felony cases, a defendant is brought before a District or Municipal Court judge or magistrate after an arrest by police, and a warrant is authorized by the prosecutor's office. At the arraignment, the judge or magistrate announces the charges to the defendant, notifies the defendant of his/her rights, sets the defendant's bond, and sets a preliminary examination date.
A preliminary examination is a hearing conducted by the District and Municipal Courts for all felony cases. At the hearing, the judge determines whether there is probable cause to believe that a crime was committed, and that the defendant committed a crime. If the judge finds that the prosecution has established probable cause, then the case is bound over, or advanced, to the Third Circuit Court at the Frank Murphy Hall of Justice located at 1441 St. Antoine in Detroit for further proceedings.
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 Third Circuit Court.
No. It only means that the case is advanced to the Third Circuit Court. A final resolution of the case will occur in that court. All future proceedings on that case will occur at the Third Circuit Court 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.
Yes, both the prosecution and defendant can ask the judge to review bond. The judge can modify the amount or conditions of bond. It is very important for victims to let the assistant prosecuting attorney know of any harassment or problems with the defendant since the start of the case.
Witnesses and victims are required to appear in case either the prosecution or defendant requests to hold the preliminary examination. Also, victims, while at the preliminary examination, will speak with a victim advocate and an assistant prosecuting attorney about the case and to have questions answered.
It is conference where the prosecution and defendant meet to determine whether the case can be resolved with a plea agreement. The parties may also meet with the judge about sentencing, and bond can be reviewed at that time. Victims are needed to appear at this conference so they can be consulted about the resolution of the case, and notified of any actions taken at the conference. If the case cannot be resolved, then the court will set a trial date, and the parties may discuss trial witnesses and evidence at that time. Vi
The Wayne County Sheriff's Department will know who is incarcerated at the Wayne County Jail. To see if the defendant is still incarcerated, you can contact the Wayne County Jail at 313-224-0783, or you can check online at http://www.waynecounty.com/sheriff/1359.htm.
You can also search by defendant’s name at https://vinelink.com/#/home. VINE is a victim’s notification service to see if the defendant is still incarcerated.
Frank Murphy Hall of Justice
1441 St. Antoine - 10th Floor
Detroit, MI 48226