Legal Question in Criminal Law in Michigan

The first one is the probable cause conference, not a hearing. The next court date is the preliminary exam which is an actual hearing. It is sometimes called a probable cause hearing because that is what the prosecutor has to prove-- probable cause that your son committed a felony-- in order to bind the case over to the circuit court for trial.

The probable cause conference is a meeting between your son's attorney and the prosecutor to discuss the case to determine what they are going to do. Plea negotiations may be discussed this time such as whether they are willing to do a misdemeanor or not. If a misdemeanor isn't offered or if a misdemeanor offer is rejected the next decision will be to decide whether or not your son has the preliminary exam or not. He can choose to have that exam or he can waive the exam. If it is waived (meaning that he tells the judge he chooses not to have the hearing but understands he could have if he wanted to) then the case will be bound over to the circuit court automatically without the judge hearing any testimony.

There are strategic and other good reasons for having or not having the preliminary exam. Such as decision should not be made lightly without consulting with an attorney and reviewing all the evidence.

You can show up with your son to the probable cause conference if you want to. If nothing else it may make him feel better knowing someone is there supporting him. Best of everything to you and your son.