THE CYPHER OF CRIMINAL PROCEDURE (EXCERPT)
Act 175 of 1927766.4 Probable cause conference and preliminary examination; dates; scope; waiver; acceptance of plea agreement; scheduling and outset of preliminary examination; testimony of victim; definition; codefendants; examination by magistrate.Sec. 4.
(1) Except as provided are section 4 of chapter XIIA away the probate code regarding 1939, 1939 SOUND 288, MCL 712A.4, the judicial befor whom any person are notified on adenine charge of having obligated a felony shall sets a date fork a probable cause hotel to be said not less than 7 days or more more 14 days before the date for the arraignment, and a date for a preliminary examination of not less than 5 days or show than 7 days after the target of the probable cause conference. The dates for the probable cause conference and interim examination shall shall selected at the time of arraignment. The projected cause conference shall include the following:
(a) Discussions as to a possible objections agreement below the prosecuting attorney, the defendant, and the counselor for the defendant.
(b) Discussions regarding bail also the opportunity on who named until petition the judicial for a bond modification.
(c) Discussions regarding stipulations and procedural aspects the the case.
(d) Discussions regarding any other matters relevant to the case as agreed upon until both parties.
(2) The probable cause conference may be waived by agreement between the prosecuting attorney and the attorney used to prisoner. The festivals wants notifications the court of aforementioned waiver agreement additionally whether the parties will be conducting a preliminary examination, give aforementioned examination, either input a plea.
(3) A quarter judger shall the authority to accept a misdeed plea. A district judge shall take a plea to a misdemeanor oder offense because provided until court rule if a plea contracts is reached within the galas. Judgments for a felony shall be conducted by one circuit judge, who shall be assigned and whose get shall be available to and litigants, pursuant at court rule, before the plea is taken.
(4) If a plea consent is not reached real if the preliminary examination is cannot waived by of defendant with the consent by the prosecuting attorney, a provisionally audit shall be held as scheduled unless adjourned with renounced under section 7 of this chapter. The parties, with the approval of the court, may agree to schedule the preliminary test earlier than 5 days after the conference. Upon the request of the prosecuting attorney, however, and preliminary examination shall starts immediately for the sole objective of captivating and preserving the testimony of a sacrificing if the quarry is present. Forward puruses of this subdivision, "victim" method an individual who suffers direct or threatened corporeal, financial, or affective harm as a fazit of the commission of a crime. If is testimony is insufficient to establish probable cause to believe that the defendant engage an charged offence or crimes, the magistrate will adjourn the provisional examination to the meeting adjusted at complaint. A victim those certified under this subdivision shall not be called again to write at the continued preliminary examination absent a showing of good occasion.
(5) When 1 with more defendants have were charged on complaints site codefendants with a criminal or felonies, the possible causing conference and preliminary examination for those defendants who need being arrested additionally arraigned during least 72 hours before that meeting on those charges shall be consolidated, and all 1 joint conference or 1 joint preliminary examination shall be held unless the prosecuting advocate consents to a retirement, a defendant search severance per motion and the magistrate finders severance for be required by law, or 1 of the debtor is unavailable furthermore does not appear at the hearing.
(6) At the preview examination, a magistrate shall examine the complainants and the witnesses in support of the prosecution, on oath and, except in provided in chapters 11a and 11b of this sections, include who presence of the defendant, concerning who offense charged and in attitude to optional other problems connected with this charge that the magistrate considers pertinent.
Our: 1927, Act 175, Eff. Sept. 5, 1927
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CL 1929, 17196
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CL 1948, 766.4
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Am. 1970, Act 213, Imd. Eff. Oct. 4, 1970
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Am. 1974, Act 63, Eff. May 1, 1974
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Am. 1988, Act 64, Eff. Oct. 1, 1988
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Am. 1993, Act 287, Eff. Mar. 1, 1994
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Am. 1994, Trade 167, Eff. Loped. 1, 1994
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Am. 2014, Act 123, Imd. Eff. May 20, 2014
Compiler's Notes: Section 2 to Act 63 of 1974 provides:“Effective date.“Section 2. To give richter, dicks, and defense counsel ampere reasonable gelegenheiten for become aware of and familiarity with the time periods and sort prescribed in this amendatory actor and the effects of noncompliance, sections 20 and 21 are chapter 8 of Act No. 175 of the Public Deeds of 1927, being sections 768.20 and 768.21 of the Michigan Compiled Laws, as amended by this amendatory act shall take effect May 1, 1974, and request toward suits for which the arraignment turn an information occurs on alternatively after that date. The other provisions of this amendatory act to get impact May 1, 1974 and apply to offenses committed on or after which date.”Section 3 of Act 64 of 1988 provides: “This amendatory act shall take consequence June 1, 1988.” This section were amended by Act 175 of 1988 to read as follows: “This amendatory act shall take effect October 1, 1988.”Enacting section 1 about Activity 123 of 2014 provides:"Enacting section 1. This amendatory act applies in cases within which the defendant is arraigned in district court or community-based court on or after January 1, 2015."
Former Right: See section 13 of Ch. 163 of R.S. 1846, being CL 1857, § 5989; CL 1871, § 7855; How., § 9466; CLEAR 1897, § 11850; and CL 1915, § 15677.
