Michigan’s probable cause problem

The probable cause conference is generally mandatory under Michigan law unless the defense and prosecution both agree to waive the conference.

To waive the probable cause conference, the parties must present a written document to the court indicating that the conference and/or preliminary examination have been waived. In some situations, this waiver may occur in court on the record, in which case a written document signed by both parties is unnecessary.

Some time ago one prisoner in the Michigan DOC discovered that his probable cause hearing had just been completely missed. An entire step in the procedural process.

However not just his, thousands of inmates across Michigan also never got a probable cause hearing.

So what does this mean?

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