Texas Waiver of a Preliminary Hearing

State:
Texas
Control #:
TX-SD-AO-468
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PDF
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Waiver of a Preliminary Hearing

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FAQ

The trial If you are accused of a felony, the trial should begin within 6 months of your arrest, and last between 2 months and a year. Misdemeanor cases last for a shorter time.

After the defendant is charged by complaint or by indictment, the defendant appears in either the County Court at Law or the District Court for arraignment.

What happens during a criminal arraignment in Texas? During a criminal arraignment in Texas, the defendant is informed of the charges against them, and they must enter a plea of guilty or not guilty. The judge will also set bail if the defendant is in custody, and they will advise the defendant of their rights.

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.

Beyond the arrest the D.A.'s office has 90 days in which to indict the case by presenting a case to the grand jury and securing a True Bill. Individuals still in jail beyond 90 days without the presentment of a case to the grand jury must be released on a reduced bond or a personal recognizance bond.

WAIVER OF ARRAIGNMENT. An attorney representing a defendant may present a waiver of arraignment, and the clerk of the court may not require the presence of the defendant as a condition of accepting the waiver.

In general, a Texas waiver of service is a term the legal system uses to describe when a person signs a statement stating that they do not want to be served with notice regarding a legal matter they are involved in and thereby waive their right to be served.

Ing to the Texas Penal Code, Preliminary hearings, or ?prelims?, work differently based on the circumstances of each case and the jurisdiction in which the case takes place.

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Texas Waiver of a Preliminary Hearing