What Is A Waiver Of Appearance

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.

Penal Code 977 is the California statute that allows a defendant to waive his appearance in court for most misdemeanor proceedings. This even includes his appearance at the arraignment, or the first formal proceeding in a criminal case. Waiver means a defendant: gives up his right to personally appear in court, and.

Waiving arraignment simply means that you are acknowledging that you are aware of the charges against you and that you are entering an initial plea of Not-Guilty.

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.If the defendant is found guilty, the case will be continued for sentencing, or the defendant may be sentenced right away.

Please note that first court appearance is: To simply adjourn your matter to a future date and time that is acceptable to both you and the Crown Prosecutor. The Judge will not hear the facts of your case during your first appearance (except if you wish to plead guilty).

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.

The defendant is guilty of more than the charged offenses and fears further charges from the potentially damning evidence that may come out at the preliminary hearing.By waiving the prelim, the defendant may prevent the testimony from coming in when trial time rolls around.

Essentially, a waiver removes a real or potential liability for the other party in the agreement. For example, in a settlement between two parties, one party might, by means of a waiver, relinquish its right to pursue any further legal action once the settlement is finalized.