Alaska Waiver of Preliminary Examination and Order Holding Defendant to Answer is a document that allows a defendant to waive their right to a preliminary examination and proceed directly to trial. This document is typically used when a defendant pleads "not guilty" and wishes to bypass the process of a preliminary hearing. It allows the defendant to go directly to a trial without having to attend a preliminary hearing. This document is usually signed by both the defendant and the court. There are two types of Alaska Waiver of Preliminary Examination and Order Holding Defendant to Answer: the Voluntary Waiver and the Involuntary Waiver. The Voluntary Waiver is when the defendant voluntarily waives their right to a preliminary examination and agrees to go directly to trial. The Involuntary Waiver is when the court orders the defendant to go directly to trial without a preliminary hearing. Both waivers are legally binding and the defendant must follow through with the agreement.
Alaska Waiver of Preliminary Examination and Order Holding Defendant to Answer
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Waiver of Preliminary Examination and Order Holding Defendant to Answer
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Preliminary hearings are not always required, and the defendant can choose to waive it. If the preliminary hearing judge issues an order holding you to answer the charges at trial, then a date will be set for your arraignment for trial.If the defendant waives preliminary hearing, the court shall order the defendant to appear to answer to the charge. Under that provision, before an information is filed there must be a preliminary examination of the case and an order holding the defendant to answer. If the defendant waives preliminary examination, the magistrate clerk shall transmit forthwith to the clerk of the circuit court all papers in the proceeding. The defendant can "waive" the right to a speedy trial (called a waiver or "waives time"). If a defendant intends to plead guilty, the preliminary hearing is waived and a guilty arraignment is scheduled in Superior Court. Form NumberForm NameCategoryAO 10AFinancial Disclosure Report RequestOther FormsAO 30Certified CopyOther FormsAO 35Certificate of Official Court ReporterCourt Reporter Forms (4) Preliminary Examination. A defendant may decide to waive the preliminary examination and be sent directly to the Circuit Court.