What to Expect at Your Preliminary Examination

Michigan Preliminary Exams

A Guide to One of the Most Important Early Stages in a Felony Case

Summary

A preliminary examination (“prelim”) is the first major evidentiary hearing in a Michigan felony case. It is where a district court judge decides whether the prosecution has shown probable cause—a very low standard—that a crime occurred and that the defendant may have committed it. A bindover is the most common outcome, but the hearing remains strategically valuable. It allows the defense to cross‑examine witnesses, challenge weak evidence, preserve constitutional issues, and begin shaping the case long before trial.

Background

Every Michigan felony begins in district court. Before a case can move to circuit court, the prosecutor must present enough evidence to justify continuing the prosecution. At the preliminary exam, the judge must answer two questions:

• Was a crime committed?

• Is there probable cause to believe the defendant committed it?

If the answer to both is yes, the case is bound over to circuit court. If not, charges may be dismissed or reduced.

The standard of proof at this stage is probable cause, which is dramatically lower than the “beyond a reasonable doubt” standard required at trial. The uploaded document illustrates this difference by comparing probable cause to “approximately 3 on a scale of 0–100,” versus “90–93” for trial—an analogy meant only to show how low the bar is.

Opinions

From a defense perspective, the preliminary exam is one of the most important early opportunities to shape the case. Even when a bindover is expected, the hearing allows counsel to:

• Cross‑examine witnesses under oath

• Expose inconsistencies or gaps in memory

• Challenge questionable evidence, including search‑and‑seizure issues

• Lock in sworn testimony for impeachment at trial

• Force the prosecution to reveal details not found in police reports

• Build a record for later motions, including motions to suppress or quash the bindover

For example, in cases involving controlled substances—including marijuana—testimony at the prelim may reveal whether evidence was seized lawfully or whether statutory defenses might apply later.

What’s at Stake

The preliminary exam can influence the direction of the entire case:

• Case Bound Over: The most common result; the case proceeds to circuit court.

• Charges Dismissed: Rare, but possible if probable cause is not established.

• Charges Reduced: The judge may find probable cause only for a lesser offense.

• Adjournment: Occurs when witnesses are unavailable or discovery is incomplete.

• Plea Agreement: Sometimes reached before or during the hearing.

A bindover is not a finding of guilt. It simply means the prosecution met the minimal threshold required to continue the case.

In Closing

The preliminary examination is not about winning or losing the case—it is about building the defense. At Komorn Law, the goal is to leave the hearing with a strong record: cross‑examination that exposes weaknesses, objections that preserve constitutional issues, and testimony that can be used later to challenge the prosecution’s case. As the document states, “The preliminary exam is the beginning of your defense — and we treat it with the seriousness it deserves.”

Related Links & Sources

• Michigan Court Rules – Preliminary Examinations (MCR 6.110)

• Michigan Compiled Laws – Criminal Procedure

• Michigan Controlled Substances Statutes (including PHC and MRTMA references)

• Komorn Law PLLC – Criminal Defense Resources

Komorn Law, founded in 1993, brings decades of seasoned experience to Michigan’s most complex criminal and regulatory matters, including the evolving cannabis framework from the MMMA to today’s MRTMA landscape. The firm represents clients facing controlled‑substance offenses, DUI and drug‑related driving charges, firearm violations, property crimes, resisting or obstructing, and the most serious allegations such as manslaughter and homicide. With a proven record in courts across Michigan and the federal system, Komorn Law delivers strategic, relentless advocacy when the stakes are highest. To work with a firm that truly refuses to back down, call  248-357-2550.