Felony Firearm

Step 2 : Preliminary Examination

At the Preliminary Examination, the prosecution has to prove its case by probable cause, which means that there must be a fair probability that the charged defendant committed the crime of Felony Firearm based upon the testimony of the prosecution’s witnesses. The Preliminary Examination should never be taken lightly or waived without a very good reason. The Preliminary Examination is often a good time to better understand the prosecution’s evidence, to test the strength of that evidence, and to challenge the testimony of the prosecution’s witnesses. If the Judge believes that sufficient evidence exists at the Preliminary Examination, then the Judge will bindover the defendant for trial on the charge of Felony Firearm and a Pre-Trial Hearing will be scheduled. The Judge can re-examine the defendant’s bond at this time and make any appropriate modifications, which could allow for the defendant’s release on bail.