Legal Question in Criminal Law in Michigan

No probable cause? No evidentiary hearing?

Do I have a right to an evidentiary hearing? I requsted one do to the fact I had very good pictures of exonerating evidence and wished to forgo a trial. Without looking at the pictures the Judge said No, I dont usually grant evidentiary hearings and well let the jury decide. I though it was the jurys job to determin guilt and the Judges to determine through an evidentiary hearing if there was probable cause. Am I wrong in this assumption?


Asked on 10/29/05, 9:52 am

2 Answers from Attorneys
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: No probable cause? No evidentiary hearing?

In theory and in practice (most of the time). A judge will decide and rule on questions of law. The jury will decide on questions of fact. You should discuss this matter with your attorney. If the judge denied your motion you can object and preserve it for appeal. You could file an interlocatory appeal. It all depends on what the charge is. If you are an attorney, contact me directly. Good luck.

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Answered on 10/29/05, 11:40 am

Re: No probable cause? No evidentiary hearing?

Your question is unclear. I don't know whether you are charged with a felony or misdemeanor, whether you refer to a preliminary examination or pretrial motions, etc. However, generally, your attorney may file motions and have them heard before the court. Please confer with your lawyer.

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Answered on 10/29/05, 10:31 am


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