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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.