New York Waiver of Preliminary Hearing is a legal document that is signed by a criminal defendant who is charged with a criminal offense in a New York court. By signing this document, the defendant agrees to waive (or forego) their right to a preliminary hearing in front of a judge. The waiver allows the defendant's case to be sent directly to a New York grand jury for indictment. There are two types of New York Waiver of Preliminary Hearing: an In-Person Waiver and an Absent Waiver. An In-Person Waiver is a legal document signed by the defendant in the presence of a judge. An Absent Waiver is a legal document signed by the defendant and their attorney, but not in the presence of a judge.
New York Waiver of Preliminary Hearing
State:
New York
Control #:
NY-ND-814
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PDF
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Waiver of Preliminary Hearing
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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.
A defendant might waive the right to a preliminary hearing for several reasons, including the following. Avoid publicity. The defendant intends to plead guilty and wants to avoid publicity (and expense, if the defendant is represented by private counsel). Minimize further damage.
This is referred to as either a ?preliminary hearing? or a ?probable cause hearing.? The hearing has the purpose of determining whether or not there is probable cause that a crime was committed and that the defendant was the cause of it.
What is a primary purpose of a preliminary hearing? to establish whether probable cause and is conducted before a lawyer-court judge and is in an open public place.
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
If an individual is charged with a felony and the charge is filed in the City Court, the defendant is entitled to request a preliminary hearing. At the hearing, the Court will determine if there is reasonable cause to believe that the accused committed a felony.
At a preliminary hearing, a judge determines whether there is enough evidence that the defendant committed a felony. If the court determines that there is enough evidence to hold the defendant for grand jury action, he will remain in custody, pending action by a grand jury.
Possible Outcomes Of The Preliminary Hearing The most prevalent outcome of a preliminary hearing is that the judge finds probable cause to charge you.
More info
The procedure for an accused to waive the right to a preliminary hearing is by: pleading guilty before or at the preliminary hearing, OR. expressly giving up the right to the hearing. Waiver of a Preliminary Hearing.Download Form (pdf, 739. By waiving the preliminary hearing, the defendant may prevent the testimony from coming in when the trial rolls around. Stall. 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. Generally, a waiver means that the case is headed for some kind of negotiated or open guilty plea or diversionary program. I am the defendant to the criminal action, and I wish to waive my statutory right to a preliminary hearing in this case. I understand the following: 2. If you waive a preliminary hearing, you allow the prosecution to proceed on criminal charges against you without having to present its evidence.