Phillips preliminary examination waived, case moves to Circuit Court
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ALPENA -- Heather Philips, 42, preliminary examination was waived on Tuesday in the 88th District Court in Alpena.
Phillips is charged with controlled substance possession (narcotic/cocaine) less than 25 grams and controlled substance – maintaining a drug house. She was given a $10,000 personal recognizance bond. She was arrested on July 29 and posted bond on Aug. 3 according to court records.
If found guilty, Phillips could be sentenced to a maximum of four years in prison for a charge of controlled substance possession less than 25 grams and a maximum of 2 years in prison for maintaining a drug house.
Phillips had a criminal charge from over 20 years ago for delivery of oxycontin and marijauna and an operating while intoxicated charge from about 12 years ago.
In a preliminary examination, the judge has to decide through a trial-like proceeding whether there is probable cause that the alleged crimes occurred and that they were committed by the defendant. If probable cause is found, the case is bound over to Circuit Court, where it could then proceed to jury trial.
When a preliminary examination is waived, as in the case of Phillips, the case is bound over directly to Circuit Court.
Phillips and her attorney Marcus Garske were both present in court for the waiver.
Phillips's next hearing will be an arraignment in the 26th Circuit Court in Alpena, with a date and time yet to be determined.