A drug case against Heather Phillips moved directly toward Circuit Court after she waived a scheduled preliminary examination Tuesday in Alpena’s 88th District Court.
Phillips, 42, is charged with possessing less than 25 grams of a controlled substance identified as a narcotic or cocaine and with maintaining a drug house. She and her attorney, Marcus Garske, were present in court for the waiver.
What the waiver means
A preliminary examination is a trial-like proceeding in which a judge determines whether probable cause exists to believe the alleged crimes occurred and that the defendant committed them. If probable cause is found, the case is bound over to Circuit Court.
Because Phillips waived the examination, the case was bound over directly to the 26th Circuit Court in Alpena. Her next hearing will be an arraignment there, but a date and time had not been set as of the report.
Bond and potential penalties
Phillips was given a $10,000 personal recognizance bond. Court records cited in the report say she was arrested July 29 and posted bond Aug. 3.
If convicted, she could face a maximum sentence of four years in prison on the possession charge and up to two years for maintaining a drug house.
The report also noted that Phillips had a criminal charge more than 20 years ago involving delivery of oxycontin and marijuana, as well as an operating-while-intoxicated charge from about 12 years ago. The current charges remain allegations unless proved in court.