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Preliminary Examination Definition

In a felony case, this occurs after a defendant has attended a probable cause conference. A defendant may waive their right to a preliminary examination but is entitled to this proceeding within 7 days after the probable cause conference. If a defendant chooses to “hold” a preliminary examination, the prosecutor must present evidence amounting to at least probable cause that the charged felony crime(s) in fact occurred and that the defendant committed it (them).

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