The Wyoming Waiver of a Preliminary Hearing is a legal document which allows a defendant to waive their right to a preliminary hearing in a criminal case. This type of waiver allows the defendant to enter a plea of guilty or no contest to the charges without having a hearing. This waiver must be signed by both the defendant and the prosecutor in the case and must be filed with the court. There are two types of Wyoming Waiver of a Preliminary Hearing: voluntary and involuntary. A voluntary waiver is when the defendant willingly waives their right to a hearing, while an involuntary waiver is when the court orders the waiver due to the defendant's failure to appear.
Wyoming Waiver of a Preliminary Hearing
State:
Wyoming
Control #:
WY-AO-468
Format:
PDF
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Waiver of a Preliminary Hearing
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If a risk of flight, interference or danger is believed to exist, the person may be ordered detained without bail.
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.
PRELIMINARY APPEARANCE FOR DETERMINATION OF PROBABLE CAUSE: If the defendant is being held for investigation and has not been formally charged with a crime, the First Appearance before a judge must be conducted with forty-eight (48) hours of the subject's arrest, inclusive of weekends and/or holidays.
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 determines whether probable cause exists that a felony has been committed, and that the defendant probably committed it. If the court determines probable cause does exist, the case is ?bound over? to district court. If the court determines probable cause does not exist, the case is dismissed.
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.
Under 725 ILCS 5/109-3, whenever a defendant has been charged with a Chicago Criminal Felony offense, Illinois law requires that the Court conduct a preliminary hearing. A preliminary hearing is exactly what it sounds like, preliminary. This type of hearing is not used to determine guilt or innocence.
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.