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Arizona Waiver of a Preliminary Hearing

Arizona Waiver of a Preliminary Hearing

Name: Arizona Waiver of a Preliminary Hearing
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.57 (330 reviews)

Category:

Arizona Federal - Official - District Court

State:

Arizona

Control #:

AZ-DC-115

Format:

Instant download

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Description

Waiver of a Preliminary Hearing Arizona Waiver of a Preliminary Hearing is a legal procedure whereby a defendant waives their right to a preliminary hearing before a judge. With this waiver, a defendant agrees to allow the prosecutor to submit the case to a grand jury for indictment or to file a direct complaint without a formal hearing. The waiver is typically signed by both the defendant and their attorney, and is done in open court. There are two types of Arizona Waiver of a Preliminary Hearing: voluntary and involuntary. A voluntary waiver is done when the defendant is in agreement with the waiver. An involuntary waiver is done when the defendant does not agree with the waiver, but is still bound by it due to certain circumstances.

Arizona Waiver of a Preliminary Hearing is a legal procedure whereby a defendant waives their right to a preliminary hearing before a judge. With this waiver, a defendant agrees to allow the prosecutor to submit the case to a grand jury for indictment or to file a direct complaint without a formal hearing. The waiver is typically signed by both the defendant and their attorney, and is done in open court. There are two types of Arizona Waiver of a Preliminary Hearing: voluntary and involuntary. A voluntary waiver is done when the defendant is in agreement with the waiver. An involuntary waiver is done when the defendant does not agree with the waiver, but is still bound by it due to certain circumstances.

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A subpoena may be served anywhere within the state. Proof of service when necessary shall be made by filing with the clerk of the court of the county in which the case is pending a statement of the date and manner of service and of the names of the persons served, certified by the person who made service.

What is the purpose of a Preliminary Hearing? The purpose of a Preliminary Hearing is very limited. It is only held to determine whether or not a crime may have been committed and whether the defendant may have been involved in that crime.

Rule 4.1 - Service of Process Within Arizona (a)Territorial Limits of Effective Service. All process-including a summons-may be served anywhere within Arizona. (b)Serving a Summons and Complaint or Other Pleading. The summons and the pleading being served must be served together within the time allowed under Rule 4(i).

A party subject to service under Rule 4.1 or 4.2 may accept service. The acceptance of service must be in writing, signed by that party or that party's authorized agent or attorney, and be filed in the action.

If a serving party knows the address of the person to be served and the address is outside Arizona but within the United States, the party may serve the person by mailing the summons and a copy of the pleading being served to the person at that address by any form of postage-prepaid mail that requires a signed and

In any special action, a party may claim costs and attorneys' fees as in other civil actions. In a special action in an appellate court, a request for attorneys' fees shall be made in the pleadings or by motion filed and served prior to oral argument or submission of the special action.

More info

The procedure for an accused to waive the right to a preliminary hearing is by: pleading guilty before or at the preliminary hearing, OR. expressly giving up the right to the hearing. By waiving the preliminary hearing, the defendant may prevent the testimony from coming in when the trial rolls around. Stall.Waiver of a Preliminary Hearing. Download Form (pdf, 739. Preliminary hearings are not always required, and the defendant can choose to waive it. The Gist of this Article: Waiving a preliminary hearing requires the agreement of the prosecutor. Generally, a waiver means that the case is headed for some kind of negotiated or open guilty plea or diversionary program. Waiving a preliminary hearing means you give up your right to require the state to put on evidence indicating your guilt. I am the defendant to the criminal action, and I wish to waive my statutory right to a preliminary hearing in this case. You may waive the preliminary hearing if you, your attorney, and the prosecutor reach a plea agreement.

Arizona Waiver of a Preliminary Hearing

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