Felony Arraignment and the Probable Cause Conference
A defendant charged with a felony has the right to reasonable bail and a hearing to determine if there is sufficient evidence to proceed to trial.
What is the process for felony charges in Michigan?
In Michigan, all state felony charges originate at the district court level, and the district judges eventually transfer them to a higher court, known as a Circuit Court. The arraignment and the probable cause conference (PCC) are the initial felony hearings in a District Court.
Felony jury trials, pleas, and sentences occur in a Circuit Court. Each county has only one circuit court. Some of the busiest Circuit Courts in Michigan include Oakland County, Wayne, Livingston, Macomb, and Washtenaw. Each county also has at least one district court, although more populous counties may have multiple district courts. For example, the building that houses the Lapeer County Circuit Court also contains the county’s sole district court. Conversely, Oakland County has a circuit court and 14 district courts located in several cities, including Troy, Novi, Bloomfield Hills, Rochester Hills, Clarkston, and Royal Oak.
A misdemeanor charge will be handled at the district court level. A felony charge typically begins in a district court. The district court may transfer the case to the county circuit court if the district judge determines, at a hearing, that there is probable cause to believe the defendant committed a felony. This hearing is called a Preliminary Examination. If the judge finds the evidence insufficient to meet these burdens, they will dismiss the case.
What happens at a district court arraignment?
When a felony warrant is issued, the defendant must go before a district court judge or magistrate for arraignment. The felony arraignment has two primary purposes. First, the judge informs the defendant of the actual charges against them and the maximum possible jail or prison sentence. Second, the court needs to determine the bond. Bond is an assurance that the defendant will return to court and not be a danger in the community. A bond may require the posting of money. A personal bond, usually reserved for low-severity cases or defendants represented by a lawyer, can require only a promise by the defendant to return to court. The judge may determine that the defendant must post money to be released. The amount of the bond depends on several factors. At this stage, you should have an experienced attorney to argue for a personal bond or a low cash bond. Failure can be devastating and result in the defendant remaining in jail while the case goes through court. Once the arraignment is complete, the next hearing is called a probable cause conference.
What is a Probable Cause Conference (PCC)?
What is a probable cause conference? The PCC is part of the beginning of a felony prosecution. A PCC has many potential pitfalls; however, a defendant may have opportunities to improve their chances of obtaining a favorable outcome. The PCC is the first formal opportunity for the prosecutor and defense attorney to discuss the case in a court setting. To ensure the best possible outcome, it is beneficial to start with a seasoned and successful criminal defense lawyer. The district court judge will want to know if the defense or prosecution is requesting a preliminary examination. Decisions regarding whether to file motions, whether to seek the suppression of evidence, and what evidence must be collected or preserved may need to be made at this crucial hearing.
The hearing after a PCC is a Preliminary Examination. You can read more about preliminary examinations by following this link.
If I waive the preliminary examination at the probable cause conference, can I get it back later?
If you waive the preliminary examination at the probable cause conference, you generally cannot get it back. The waiver almost always becomes final once the case moves to circuit court. In rare situations, a lawyer can request that the circuit court remand the case to the district court for a preliminary examination, but the lawyer must demonstrate a serious issue, such as ineffective assistance of prior counsel or prosecutorial misconduct. The court will not grant a remand simply because a defendant changes strategy or regrets the waiver, so you should make that decision only after careful discussion with experienced criminal defense counsel.
FAQ Regarding Arraignments and Probable Cause Conferences
What happens at a Probable Cause Conference in a felony case?
The Probable Cause Conference provides the defense and prosecution with an opportunity to address bond, discuss potential plea agreements, review the status of discovery, and determine whether the case should proceed to a preliminary examination. It often becomes the first real opportunity for defense counsel to influence the course of the case.
How soon does the court schedule the Probable Cause Conference after arraignment?
Courts typically set the PCC within one to two weeks of the arraignment. The quick timeline makes it crucial for a defendant to secure counsel immediately, allowing the lawyer to prepare and protect the client’s position from the outset.
Can a Probable Cause Conference be waived?
Yes. The defense and prosecution can agree to waive the PCC, although doing so should be a strategic decision. If waived, the parties must still inform the court of their plans for handling the preliminary examination or potential plea discussions.
Is the Probable Cause Conference the same as the preliminary examination?
No. The PCC focuses on negotiation, scheduling, and case management. The preliminary examination is a separate hearing where the court hears evidence and determines whether there is probable cause to proceed with the case in the circuit court for trial.
Can the court change or reconsider my bond at the PCC?
Yes. The defense can request bond modifications at the PCC. This hearing often creates an early opportunity to argue for release or on more reasonable terms based on the client’s background and the facts of the case.
Does every felony case move past the PCC to a preliminary examination?
No. Some cases are resolved at the PCC through negotiated agreements, case dismissals, or decisions to waive the preliminary examination. Strategic preparation at this stage can shift the entire direction of the case.
Why does the PCC matter so much in a felony prosecution?
The PCC establishes the pace, posture, and strategy of the case. Early missteps can create long-term consequences, while strong advocacy can strengthen the defense, shape negotiation leverage, and protect the client’s rights moving forward.
When Should I call a Criminal Defense Attorney?
The defendant and the prosecutor decide whether to hold or waive the exam at the Probable Cause Conference. This decision is crucial and can significantly impact the balance of the case, ultimately determining the success of the defense. To make the best decision possible, you must consult and work with an attorney who has a track record of winning and knows the law, the prosecutor, and the court. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. have decades of experience handling felony cases in Oakland County, Macomb County, Wayne County, and throughout Michigan. They know when to compel the prosecution to hold an exam when it is not beneficial to the client and the details the client must consider throughout a felony prosecution. We will take the time to talk with you, answer your questions, and ensure you have a good understanding of your case and your defense.
The best way to handle a felony charge is to begin the process with an experienced legal team in your corner, protecting your rights and guiding you through the complicated process that starts with the arraignment and probable cause conference.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
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