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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 seven (7) days of the probable cause conference and 21 days of the arraignment. The time limits can be extended or waived if the prosecution and defense agree. 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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