When does a defendant have the right to a preliminary examination?

A defendant has the right to a preliminary examination primarily in cases involving criminal charges that are punishable by a minimum of one year in prison. This right ensures that there is enough evidence to warrant a trial, serving as a safeguard against unwarranted prosecution. The preliminary examination must be conducted within 14 days of the defendant's arrest, providing a timely opportunity to assess the evidence against them before the case moves forward.

This right is particularly important for felony charges, as it allows defendants to challenge the sufficiency of the evidence presented by the prosecution. In contrast, misdemeanor charges generally do not necessitate a preliminary examination; instead, these cases usually lead directly to trial or other adjudicative processes. Therefore, the stipulation that it pertains to alleged crimes punishable by one year or more grounds this legal concept firmly in precedence concerning fair judicial procedures.