New York Waiver of Preliminary Hearing is a legal document that is signed by a criminal defendant who is charged with a criminal offense in a New York court. By signing this document, the defendant agrees to waive (or forego) their right to a preliminary hearing in front of a judge. The waiver allows the defendant's case to be sent directly to a New York grand jury for indictment. There are two types of New York Waiver of Preliminary Hearing: an In-Person Waiver and an Absent Waiver. An In-Person Waiver is a legal document signed by the defendant in the presence of a judge. An Absent Waiver is a legal document signed by the defendant and their attorney, but not in the presence of a judge.
New York Waiver of Preliminary Hearing
State:
New York
Control #:
NY-ND-814
Format:
PDF
Instant download
This website is not affiliated with any governmental entity
Public form
Description
Waiver of Preliminary Hearing
How to fill out New York Waiver Of Preliminary Hearing?
Preparing official paperwork can be a real stress if you don’t have ready-to-use fillable templates. With the US Legal Forms online library of formal documentation, you can be certain in the blanks you obtain, as all of them correspond with federal and state regulations and are checked by our experts. So if you need to complete New York Waiver of Preliminary Hearing, our service is the best place to download it.
Obtaining your New York Waiver of Preliminary Hearing from our service is as easy as ABC. Previously registered users with a valid subscription need only sign in and click the Download button once they find the proper template. Later, if they need to, users can get the same document from the My Forms tab of their profile. However, even if you are new to our service, signing up with a valid subscription will take only a few moments. Here’s a quick guideline for you:
- Document compliance check. You should carefully review the content of the form you want and ensure whether it satisfies your needs and fulfills your state law requirements. Previewing your document and reviewing its general description will help you do just that.
- Alternative search (optional). If there are any inconsistencies, browse the library using the Search tab above until you find an appropriate blank, and click Buy Now when you see the one you need.
- Account creation and form purchase. Register for an account with US Legal Forms. After account verification, log in and choose your most suitable subscription plan. Make a payment to continue (PayPal and credit card options are available).
- Template download and further usage. Choose the file format for your New York Waiver of Preliminary Hearing and click Download to save it on your device. Print it to fill out your papers manually, or take advantage of a multi-featured online editor to prepare an electronic version faster and more effectively.
Haven’t you tried US Legal Forms yet? Subscribe to our service now to obtain any official document quickly and easily whenever you need to, and keep your paperwork in order!
Form popularity
FAQ
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.
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.
This is referred to as either a ?preliminary hearing? or a ?probable cause hearing.? The hearing has the purpose of determining whether or not there is probable cause that a crime was committed and that the defendant was the cause of it.
What is a primary purpose of a preliminary hearing? to establish whether probable cause and is conducted before a lawyer-court judge and is in an open public place.
The three central functions of a preliminary hearing are to (1) test the Crown's case to ensure that there is enough evidence to warrant a trial; (2) give the accused an opportunity to challenge the evidence against him or her; and (3) give the accused an opportunity to offer evidence that there is a valid defence to
If an individual is charged with a felony and the charge is filed in the City Court, the defendant is entitled to request a preliminary hearing. At the hearing, the Court will determine if there is reasonable cause to believe that the accused committed a felony.
At a preliminary hearing, a judge determines whether there is enough evidence that the defendant committed a felony. If the court determines that there is enough evidence to hold the defendant for grand jury action, he will remain in custody, pending action by a grand jury.
Possible Outcomes Of The Preliminary Hearing The most prevalent outcome of a preliminary hearing is that the judge finds probable cause to charge you.