Section 6.5 Generally

• Library: Criminal Practice 2012 Supp

A. (§6.5) Generally

The associate circuit judge shall proceed with the preliminary hearing as soon as possible, and witnesses will be produced in support of the prosecution on oath in the presence of the accused. The accused may cross-examine witnesses and may also introduce evidence. If from the evidence it appears to the judge that there is probable cause to believe that a felony was committed and that the defendant committed it, the judge shall order the defendant to appear in the court having jurisdiction of the offense, i.e., the circuit court. Rule 22.09(b). Otherwise, the associate circuit judge shall order that the defendant be discharged. Transmittal of the associate court file to the appropriate circuit court division must be accomplished within 5 days after conclusion of proceedings along with any bail posted by the defendant, and the defendant’s appearance at the appropriate division of the circuit court must be ordered “on a day certain as...