A preliminary examination is the first adversarial hearing before the district court having jurisdiction over the case.

At this hearing, the defendant is represented by counsel and the People and the victim are represented by an Assistant Prosecuting Attorney.

The People must submit enough evidence to show that a crime was committed and that there's probable cause to believe the defendant committed the offense.

The defense is allowed to cross examine the witnesses called by the prosecution, call witnesses, and submit evidence on behalf of the defendant. 

The magistrate can do one of three things after all the evidence has been submitted at the preliminary examination.

First, if he/she finds a crime was committed and that there is probable cause to believe the defendant committed the crime, the magistrate will send the case to the circuit court level for arraignment.

Second, if the magistrate decides that the People have not met their burden and that either there was insufficient evidence presented to show a crime was committed or insufficient evidence to show probable cause to believe the defendant committed the crime, the magistrate will dismiss the charge.

Third, if the magistrate finds that the people have failed in their burden to show the crime as alleged in the complaint and warrant was committed but finds that the People have established that a lesser offense was committed and probable cause to believe the defendant committed the crime, the magistrate will "bind" the defendant over for arraignment on the general information and trial on the lesser offense.

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