Read legal insights from Ryan Maesen Attorney at Law.
If you’ve been charged with a felony in Michigan, one of the first major steps in your case is something called a probable cause hearing.
For many people, this is unfamiliar territory.
You may be wondering:
The reality is:
👉 A probable cause hearing is one of the most important early stages in a criminal case—and it can significantly impact how your case unfolds.
Handled correctly, it can expose weaknesses, limit the prosecution’s case, and create opportunities for a better outcome.
Handled poorly—or waived without strategy—it can be a missed opportunity.
A probable cause hearing (also called a preliminary examination) is a court proceeding where a judge determines whether there is enough evidence for a felony case to move forward.
The legal standard here is probable cause, which means:
This is a much lower standard than what is required to convict you at trial.
👉 The prosecution does not need to prove guilt—only that the case should continue.
In Michigan, a probable cause hearing typically occurs:
It usually happens within a relatively short time after charges are filed, which means decisions about how to handle it must be made quickly.
This is not just a procedural step—it’s a real courtroom event with witnesses and legal arguments.
Here’s what typically happens:
The prosecution calls witnesses, often including:
They present enough evidence to try to establish probable cause.
This is where the hearing becomes strategically important.
Your lawyer has the opportunity to:
👉 This testimony becomes part of the record and can be used later.
At the end of the hearing, the judge decides whether:
Many defendants assume this hearing is just a formality.
It’s not.
A well-handled probable cause hearing can:
👉 In some cases, it can even lead to dismissal.
Yes—but it depends on the strength of the evidence.
If the prosecution fails to establish probable cause:
While dismissal is not the most common outcome, it is absolutely possible in the right circumstances.
In Michigan, defendants sometimes waive this hearing.
But this should never be an automatic decision.
👉 This decision should always be made with careful legal guidance.
An experienced criminal defense lawyer doesn’t treat this hearing as routine.
They use it as a tool.
By questioning witnesses, your lawyer can:
Witnesses testify under oath.
👉 If their story changes later, it can be used against them.
Weaknesses exposed during the hearing can lead to:
If the case moves forward, it enters the next phase:
The outcome of the probable cause hearing often influences how the rest of the case is handled.
People unfamiliar with the system often make critical mistakes here:
👉 These decisions can have long-term consequences.
A probable cause hearing is not just another step—it’s an opportunity.
Ryan Maesen understands how these hearings are handled in West Michigan courts and how to use them to your advantage.
Get a free consultation with Ryan Maesen. Discuss your case, understand your options, and learn what steps to take next.
Schedule Free Consultation Call (616) 821-7691
Over 20 Years of Criminal Defense Experience
Local Court Experience Throughout West Michigan
Free Initial Consultation
Personalized Defense Strategies
Direct Attorney Access
Charged with possession without having drugs on you? Learn how constructive possession works in Michigan and how these cases are defended.
How reliable are field sobriety tests in Michigan? Learn how they work, their limitations, and how they can be challenged in DUI cases.
The decisions you make in the first 24 hours can affect your case.
Call Ryan Maesen now for a confidential consultation.
(616) 821-7691