Mississippi Waiver of Hearing
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FAQ
If you waive a preliminary hearing, you allow the prosecution to proceed on criminal charges against you without having to present its evidence.
The criminal statute of limitations requires prosecutors to file criminal charges against a suspect within two years for misdemeanors and within five years for certain felonies, but there is no time limit in Mississippi for charges of murder, kidnapping, rape, burglary, robbery, larceny, and several other serious
A defendant may decide, after consulting with counsel, to waive the preliminary hearing. This allows the case to proceed to trial (though not immediately).
Technically under the law, a defendant would need to be indicted within 6 months. CPL 30.30 gives the DA 6 months to be ready for trial on a felony case. If there's no indictment in that time, the case certainly cannot proceed to trial and must be dismissed as a matter of law.
Criminal defendants usually have the option to waive the preliminary hearing, but it happens very rarely and no defendant should do this without the advice of an attorney. If you waive a preliminary hearing, you allow the prosecution to proceed on criminal charges against you without having to present its evidence.
A waiver is a legally binding provision where either party in a contract agrees to voluntarily forfeit a claim without the other party being liable. Waivers can either be in written form or some form of action.
Sixteen-year-old William Haymon has spent more than 500 days in an adult jail in rural Lexington, Mississippi. There are no state rules governing how long a person can be incarcerated without being formally charged with a crime.
The defendant can waive the right to a speedy trial (called a waiver or "waives time"). This means s/he agrees to have the trial after the 60-day period. Before the trial starts, the lawyers choose a jury. During the trial, witnesses may testify and the lawyers present evidence.
If the defendant waives the right to a preliminary hearing, the court moves on to the arraignment. If there is a contested hearing and the court finds probable cause, the matter is bound over for trial, which means the court moves on to the arraignment.
