In 2014, the Michigan Legislature passed laws inserting a new step—the PCC--into the felony process. Before a defendant went directly from Arraignment to Preliminary Examination, which is a hearing at which the prosecuting attorney must prove “probable cause” (i.e., some evidence) of the defendant’s guilt. If the prosecutor is unable to produce this evidence, the Judge/Magistrate can dismiss the case. What the Michigan Legislature realized (due to intense lobbying by prosecutors and police) was that many cases were being dismissed because prosecutors often didn’t have enough time to get civilian witnesses to court. This was especially glaring because defendants had a statutory right to have their Examinations within 14 calendar days of their Arraignment.
As a result, Michigan added the intermediate PCC step. For clients who remain in custody at Arraignment, the PCC has been both a blessing and a curse.
Interested in finding out more? Read about probable cause conference on our website!
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