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By waiving the preliminary hearing, the defendant may prevent the testimony from coming in when the trial rolls around. Stall. A person accused of a felony has the right to a preliminary hearing within ten days of the arraignment.Preliminary hearings are not always required, and the defendant can choose to waive it. The Gist of this Article: Waiving a preliminary hearing requires the agreement of the prosecutor. Waiver of a Preliminary Hearing. Download Form (pdf, 739. Generally, a waiver means that the case is headed for some kind of negotiated or open guilty plea or diversionary program. A Prelim is an important right for Criminal Defendants, and it should not be waived lightly. Although a waiver is not an admission of guilt, it does involve giving up certain rights that cannot be restored later. If the defendant waives the preliminary hearing, the judge will order the defendant bound over to the court of common pleas.