Pennsylvania Sample Letter for Waiver of Process and Entry of Appearance
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How to fill out Sample Letter For Waiver Of Process And Entry Of Appearance?
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FAQ
(4) if the defendant fails to appear without cause at any proceeding for which the defendant's presence is required, including trial, that the defendant's absence may be deemed a waiver of the right to be present, and the proceeding may be conducted in the defendant's absence.
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.
(2) when represented by counsel, the defendant understands that by waiving the right to have a preliminary hearing, he or she is thereafter precluded from raising challenges to the sufficiency of the prima facie case, and. (3) the defendant voluntarily waives the hearing and consents to be bound over to court.
The Magisterial District Judge is prohibited from granting more than one continuance to each party. Any subsequent continuance by either party may be granted only by the President Judge, or his designee, upon completion and with just cause shown on the approved aforementioned continuance request form.
In Pennsylvania, if you have already retained a defense attorney, you may waive your right to an arraignment; this means you will not be required to appear. If you decide to appear at the hearing, it is a good idea to have a criminal defense lawyer there with you to ensure you do not make any missteps.
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.
If the court administrator's receives a completed waiver of arraignment form before the scheduled arraignment date, the defendant and attorney do not have to appear for an arraignment. Waiver of arraignment forms are available by calling the court administrator's office.
In all cases, the defendant and the attorney for the Commonwealth may waive a jury trial with approval by a judge of the court in which the case is pending, and elect to have the judge try the case without a jury.
