Illinois Preliminary Hearing Waiver is a legal document used to waive the right to a preliminary hearing in Illinois criminal proceedings. If a defendant chooses to waive their right to a preliminary hearing, the case moves directly to the next stage of the criminal process. There are two types of Illinois Preliminary Hearing Waiver: a voluntary waiver and an involuntary waiver. A voluntary waiver is signed by the defendant indicating that they waive their right to a preliminary hearing and agree to proceed to the next step in the criminal process. An involuntary waiver is issued by the court when the defendant fails to appear for their preliminary hearing. The waiver is issued to proceed with the case without the defendant present.
Illinois Preliminary Hearing Waiver
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Preliminary Hearing Waiver
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FAQ
The arraignment date is generally two weeks after the preliminary hearing. Regardless of where the preliminary hearing was held, the defendant will be assigned a different judge and courtroom by the presiding judge in his or her respective courthouse.
During the arraignment, the judge will read the charges against the defendant and ask them how they plead. The defendant can plead guilty, not guilty, or no contest. If the defendant pleads guilty, the judge may sentence them immediately, or the case may be set for a separate sentencing hearing.
An indictment is a document filed by a prosecutor on behalf of a grand jury stating the existence of probable cause to believe that a person committed a crime. All charging documents, complaints, information, and indictments must include: Name of the alleged offense.
What Does It Mean To ?Waive? My Preliminary Hearing? Although you must attend court on the day of your hearing, you do have the option to ?waive? your hearing, which basically means that you acknowledge that the Commonwealth could meet its burden at this stage and you agree to have your case move forward.
Ing to the Department of Justice, a preliminary hearing is meant to defend your rights against any unfounded criminal accusation, ensuring the prosecutors have enough elements to allow a criminal trial.
When the lawyer for the plaintiff or the government has finished questioning a witness, the lawyer for the defendant may then cross-examine the witness. Cross-examination is generally limited to questioning only on matters that were raised during direct examination.
During a preliminary hearing, the judge determines whether probable cause exists that the defendant committed the crime and whether to allow the case to move forward to the Court of Common Pleas. Defendants can waive the preliminary hearing and allow the case to proceed directly to the Court of Common Pleas.
A defendant might waive the right to a preliminary hearing for several reasons, including the following. Avoid publicity. The defendant intends to plead guilty and wants to avoid publicity (and expense, if the defendant is represented by private counsel). Minimize further damage.