District Court - Felonies

When a defendant is charged with a felony, the District Court conducts the arraignment (the formal notification of the charges), the setting of bond and the preliminary examination.

Prior to the preliminary examination, some courts schedule a conference between the assistant prosecutor and the defense attorney to determine if the defendant and/or the prosecutor want to hold this hearing.

In approximately two-thirds of the felony cases, the defendant waives his right to this hearing. If the preliminary examination is not waived, it must be held within 14 days of the arraignment, unless it is adjourned for good cause. 

If the preliminary examination is held, it is conducted much like an abbreviated trial. Witnesses are called to testify and evidence is presented to the court. The prosecution has the burden of establishing probable cause that the crime occurred and that the defendant committed the crime.

These hearings can take a few minutes to several days. Most preliminary examinations are completed in less than an hour.

If the prosecution is able to establish probable cause, the case is moved to the Circuit Court level for trial. District Courts do not have the authority to conduct trials of felony matters.

District Court Home