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.
Waiver of a Preliminary Hearing
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US-CRIM-AO-468
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Waiver of a Preliminary Hearing
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FAQ
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.
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.
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.
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.
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.