The defendant has the right to be represented here by an attorney, to cross-examine witnesses and to present evidence. If probable cause is established, the defendant is sent to Circuit Court for trial. A defendant may decide not to have a preliminary examination, which is known as a waiver of examination, and results in the case being sent to Circuit Court for trial. After the case is bound over to Circuit Court, the defendant is again arraigned and given formal notice of the charge that has been brought against him or her. The defendant is again apprised of his or her constitutional rights and asked to enter a plea to the charge.
Many events can occur prior to trial.
The court may hear motions to determine whether evidence will be admitted or suppressed at trial, or whether there is some legal reason why the defendant should not be tried. The prosecutor and defense attorney for the defendant will often meet to determine whether the defendant will plead guilty to the crime charged or to some other offense. The defendant may be tried by the judge or a jury. Either the judge or the jury, then, decides whether the defendant committed a crime and, if so, what crime was committed. It is the responsibility of the prosecutor to present evidence that shows that the defendant is guilty beyond a reasonable doubt.