The defendant is represented and can cross examine the witnesses and present evidence. If probable cause is established, the defendant is sent to circuit court for trial. A defendant can decide not to have a preliminary examination. After the case is sent to circuit court, the defendant is again arraigned and given formal notice of the charges against him or her. He or she is again advised of their 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 the defendant's trial, or whether there is some legal reason why the defendant should not be tried. In addition, the prosecutor and defense attorney will often meet to determine whether the defendant will plead guilty to the crime charged or some other offense. The defendant has a right to determine whether to be tried by the judge or the jury. During the trial, the judge or a jury will determine whether the defendant has committed a crime and, if so, what that crime is. A trial is an adversary proceeding whereby the prosecution must present evidence to establish the defendant's guilt beyond a reasonable doubt.