Arizona Waiver of Rule 5 & 5.1 Hearings are court proceedings designed to waive certain rights under the Arizona Rules of Criminal Procedure. The purpose of these hearings is to determine whether a defendant facing criminal charges should be allowed to waive certain procedural rights, such as the right to a preliminary hearing or the right to be present at trial. There are two types of Arizona Waiver of Rule 5 & 5.1 Hearings: Waiver of Rule 5 Hearings and Waiver of Rule 5.1 Hearings. A Waiver of Rule 5 Hearing is a hearing held to determine whether a defendant should be allowed to waive their right to a preliminary hearing. At this hearing, the court will consider the defendant’s criminal history, the charges they are facing, and any mitigating factors that could affect their decision to waive their right. A Waiver of Rule 5.1 Hearing is a hearing held to determine whether a defendant should be allowed to waive their right to be present at trial. The court will consider the defendant’s criminal history, the charges they are facing, and the potential consequences of waiving their right, such as the inability to cross-examine witnesses or present a defense. In both types of hearings, the court will make a determination based on the evidence presented by both the prosecution and the defense. If the court finds that waiving the rule is in the best interest of justice, the defendant will be allowed to waive their right.