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Waiver of a Preliminary Hearing

Waiver of a Preliminary Hearing

Name: Waiver of a Preliminary Hearing
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.73 (384 reviews)

Category:

Federal - District Court - National - Criminal - Defendant Consent and Waiver Forms

State:

Multi-State

Control #:

US-CRIM-AO-468

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Waiver of a Preliminary Hearing A Waiver of a Preliminary Hearing is a legal document that is signed by a defendant and their attorney, waiving the right to a preliminary hearing. This hearing would normally take place before the defendant goes to trial, allowing the court to decide if there is enough evidence to move forward with prosecution. By signing the waiver, the defendant is agreeing to a trial without a hearing. There are two types of Waiver of a Preliminary Hearing: a voluntary waiver, which is signed with the consent of the defendant and their attorney, and an involuntary waiver, which is signed by the defendant against their will, typically due to pressure from the prosecution.

A Waiver of a Preliminary Hearing is a legal document that is signed by a defendant and their attorney, waiving the right to a preliminary hearing. This hearing would normally take place before the defendant goes to trial, allowing the court to decide if there is enough evidence to move forward with prosecution. By signing the waiver, the defendant is agreeing to a trial without a hearing. There are two types of Waiver of a Preliminary Hearing: a voluntary waiver, which is signed with the consent of the defendant and their attorney, and an involuntary waiver, which is signed by the defendant against their will, typically due to pressure from the prosecution.

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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.

Because the judge does not find the defendant guilty or not guilty, there is no sentencing proceeding that would follow the hearing. It is possible that the charges could be dismissed and the case could be over, but a defendant would never be found guilty or sentenced following the proceedings.

Preliminary Hearing. The purpose of this hearing is for the Magistrate to determine whether there is sufficient evidence to support the charges against the defendant. The State presents evidence showing the defendant probably committed the crime. The defendant does not present evidence.

A preliminary hearing is held only on felony cases and is conducted before a magistrate judge. At this hearing, the prosecuting attorney presents what evidence he/she may have to show that there is probable cause (reason) to believe that a crime has been committed and that the defendant committed the crime.

What happens at a preliminary hearing? At a preliminary hearing, the prosecution will show evidence of probable cause, meaning there only needs to be a reasonable possibility that the defendant committed the crime in order for the case to move to trial, to be ?bound over? in other words.

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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.

Waiver of a Preliminary Hearing

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