Washington Waiver of Preliminary Hearing is a procedure in which a defendant voluntarily waives the right to a preliminary hearing and requests that the case proceed directly to trial. A defendant may waive the right to a preliminary hearing in order to save time and money, or may do so because they feel confident that the case will go to trial. There are two types of Washington Waiver of Preliminary Hearing: a voluntary waiver and a court-ordered waiver. A voluntary waiver is when the defendant voluntarily waives their right to a preliminary hearing. A court-ordered waiver is when the court orders the defendant to waive their right to a preliminary hearing in order to move the case forward to trial. In both cases, the waiver must be signed by the defendant and approved by the court in order for it to take effect.
Washington Waiver of Preliminary Hearing
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Terminology / Court Hearing Descriptions 24 Hour (Probable Cause) ? A preliminary hearing where the judge determines whether there is enough evidence that a crime was committed.
The Magisterial District Judge is prohibited from granting more than one continuance to each party. Any subsequent continuance by either party may be granted only by the President Judge, or his designee, upon completion and with just cause shown on the approved aforementioned continuance request form.
During a preliminary hearing, the judge determines whether probable cause exists that the defendant committed the crime and whether to allow the case to move forward to the Court of Common Pleas. Defendants can waive the preliminary hearing and allow the case to proceed directly to the Court of Common Pleas.
The preliminary hearing is like a mini-trial. The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses.
What is the purpose of a Preliminary Hearing? The purpose of a Preliminary Hearing is very limited. It is only held to determine whether or not a crime may have been committed and whether the defendant may have been involved in that crime.
The only purpose of preliminary hearings (?prelims?) is to check whether the state has sufficient evidence to continue prosecuting you. They do not determine guilt or innocence.
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