Legal Question in Criminal Law in Michigan
my husband is being charged with utter and publishing. he was going to cash a check that he didn't know was fraudulent. He does has prior warrants but they are for traffic tickets.. this is his first offense with this charge, what will happen to him if he is fully charged after his pre exam conf?
3 Answers from Attorneys
There are too many factors that would lead to different advice. Please contact me at Kliszlaw.com to discuss. Tim Klisz
Our firm has had much success with these kind of cases all over Michigan. Call us to discuss your options. You can reach us at 1 866-766-5245 or read more about us at:
www.AggressiveCriminalDefense.com
The pre-exam conference is basically a meeting between the Prosecutor and defendant (or his attorney) to see if the case can be resolved in lieu of the Preliminary Exam as well as an opportunity to exchange discovery material such as police reports, video tapes, witness lists, statements, etc..
A preliminary exam must be held before a District Court Judge within 14 days after his arraignment. The Prosecutor presents witnesses to convince the Judge that there is at least probable cause that a crime was committed and that the defendant committed the crime. The defendant or his attorney can cross-examine the witnesses or present his own witness, when necessary. If the Judge decides that there is no probable cause that the defendant committed the charged crime, the judge can bind the case over on different charge or can reduce the charge to a misdemeanor for trial in District Court or can dismiss charge all together.
He can give up his right to a Preliminary Examination (not recommended in most cases) and proceed directly to the Circuit Court for arraignment and trial (again not a good idea to waive the preliminary exam in most cases).
Call or visit us at www.hajjilaw.com
Daniel Hajji, Esq.
30300 Northwestern Highway
Farmington Hills, MI 48334
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