First-Time Felony Charge in Wayne County? What Happens at Your Prelimi

For most people who have never been through it, the criminal court process is a black box — especially when the charge is a felony. The preliminary examination is the single most misunderstood step in a Michigan felony case, and it is often where cases are won or lost.

This is what actually happens at preliminary examination in Wayne County, and what an effective defense looks like at this stage.

The Two-Court Process

Felony cases in Michigan start in district court and finish in circuit court. The district court has jurisdiction over all preliminary matters — arraignment, probable cause conference, and preliminary examination — but does not have authority to try a felony case to verdict or impose a felony sentence.

For Plymouth-area residents, felony cases start in the 35th District Court in Plymouth, then move to Wayne County Circuit Court in Detroit if bound over. For Detroit-area cases, the 36th District Court handles preliminary matters before bind-over to the same circuit court.

What the Preliminary Examination Decides

The preliminary examination is a contested hearing where the prosecutor must establish “probable cause” to believe two things:

That a felony was committed, and
That the defendant committed it.

This is a lower standard than the “beyond a reasonable doubt” required at trial — but it is still a real legal threshold. The court hears witnesses, reviews exhibits, and listens to argument. If the prosecutor meets the burden, the case is “bound over” to circuit court for trial proceedings. If the prosecutor fails, the case can be dismissed or reduced.

The Probable Cause Conference

Under MCL 766.4, the probable cause conference is held within 7-14 days of arraignment. It is a less formal proceeding where the prosecutor, defense attorney, and judge discuss the case. Many cases resolve at or before this stage — through reductions, dismissals, or plea agreements.

If the case does not resolve at the probable cause conference, the preliminary examination is scheduled within 14 days — though waivers and continuances are common.

Strategic Decisions at Preliminary Exam

The defense has four main strategic options at preliminary examination:

1. Conduct a Full Examination

The defense calls and cross-examines prosecution witnesses, raises evidentiary objections, and challenges the sufficiency of the prosecution's case. This is the most aggressive option and is appropriate when:

The prosecution's witnesses have credibility issues,
The legal elements of the charge are weak,
Discovery of additional information would help future strategy,
The prosecutor is unprepared or relying on a thin record.

2. Limited Examination

The defense conducts a partial examination — questioning some witnesses or arguing specific legal issues — without contesting the full bind-over. This option preserves strategic information for trial while focusing on key issues.

3. Waiver With Plea Discussion

The defense waives the preliminary examination as part of plea negotiations — usually in exchange for reduced charges, dismissals of additional counts, or sentencing recommendations.

4. Waiver Without Concession

The defense waives the preliminary examination without giving up anything, allowing the case to proceed to circuit court for resolution there. This is sometimes the best option when the preliminary examination would not produce useful information or when circuit court is the better forum for the issues at hand.

Why Preliminary Examination Matters Strategically

Beyond the bind-over decision, the preliminary examination is a critical opportunity to:

Lock in witness testimony under oath that may differ from later trial testimony — useful for impeachment,
Identify gaps in the prosecution's evidence,
Test the credibility of key witnesses,
Force the prosecutor to commit to a theory of the case,
Build the foundation for pretrial motions to suppress evidence,
Lay groundwork for future plea negotiations.

Common First-Time Felony Charges in Wayne County

Possession with intent to deliver controlled substances (MCL 333.7401),
Felonious assault (MCL 750.82),
Home invasion in the first, second, or third degree (MCL 750.110a),
Carrying a concealed weapon (MCL 750.227),
Larceny over $1,000 (MCL 750.356),
Embezzlement (MCL 750.174),
Resisting and obstructing a police officer (MCL 750.81d) — two-year felony,
Reckless driving causing serious injury (MCL 257.626),
OWI causing serious injury (MCL 257.625(5)) or death (MCL 257.625(4)),
Operating While Intoxicated, third offense (MCL 257.625(9)(c)) — lifetime third OWI is a felony.

What Happens After Bind-Over

Once the case is bound over to Wayne County Circuit Court, the following sequence is typical:

Circuit court arraignment (where the defendant enters a plea),
Pretrial conferences (where settlement discussions continue),
Motions hearings (suppression motions, motions in limine),
Final pretrial conference,
Trial (if the case does not resolve by plea).

Cases that resolve before trial often do so based on issues identified at preliminary examination.

What to Do If You're Facing Your First Felony

Hire an attorney before arraignment if possible.
Do not give statements to police or investigators.
Do not discuss the case with anyone other than your attorney.
Preserve evidence in your possession.
Identify witnesses while their memory is fresh.
Comply fully with bond conditions.
Take court dates seriously — missed court dates result in bench warrants.

Why Early Defense Investment Pays Off

A felony conviction has lifelong consequences — firearm rights, professional licensing, employment, immigration status, voting rights. The preliminary examination is often the first and best opportunity to position a case for dismissal, reduction, or favorable resolution.

Aaron J. Boria has handled felony preliminary examinations in the 35th District Court, the 36th District Court, and across Wayne County for years. Call Boria Law at (734) 453-7806 for a confidential consultation on your felony case.

First-Time Felony Charge in Wayne County? What Happens at Your Preliminary Examination