The Kentucky Waiver of a Preliminary Hearing is a form of legal agreement allowing criminal defendants in the state of Kentucky to waive their right to a preliminary hearing. With this waiver, the defendant agrees to give up the right to present evidence in the hearing and instead, allow the court to decide whether there is enough evidence for the case to proceed to trial. There are two types of Kentucky Waiver of a Preliminary Hearing. The first type is the Waiver of a Preliminary Hearing by Information. This waiver is used when the defendant has been charged with a felony offense and the prosecution has presented an information, or statement of charges, to the court. The second type is the Waiver of a Preliminary Hearing by Indictment. This waiver is used when the defendant has been charged with a felony offense and the prosecution has obtained an indictment from a grand jury. In both cases, the waiver must be signed by the defendant, their attorney, and the court. Once signed, the waiver is filed with the court and the case proceeds to trial.
Kentucky Waiver of a Preliminary Hearing
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FAQ
A: A preliminary hearing is a legal process where the district court judge decides if there is enough evidence to send a defendant's charges to the grand jury. The judge, the defendant's attorney, the prosecutor and any necessary victims/ witnesses are present at the proceeding.
A continuance request submitted by the party not requesting the initial continuance, if granted by the Magisterial District Judge, shall not be for more than fourteen (14) days. The Magisterial District Judge is prohibited from granting more than one continuance to each party.
The preliminary hearing, which occurs three to ten days after the arrest, unless continued or postponed, is normally held before the MDJ who works in the area where the crime took place.
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.
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.
The purpose of a preliminary hearing is to make sure that the Commonwealth of Pennsylvania has enough evidence to continue their case against you. It is the Court's way of weeding out weak, or unsubstantiated, cases.
Redocket/Reschedule Cases A case may be rescheduled for an earlier date than was initially scheduled, but may not be continued to a later date without judicial approval. To request a later date, go to the District Court Administrator's Office on the third floor of the Hall of Justice to obtain a judge's signature.
Rule RCr 5.22 - Procedure upon failure to indict (1) If the defendant has been held to answer pursuant to RCr 3.14(1) and the votes of the grand jurors are insufficient in number to find an indictment as to anyone or more charges or counts presented to the grand jury, the foreperson shall forthwith so report in writing