A Waiver of a Preliminary Hearing is a legal document that is signed by a defendant and their attorney, waiving the right to a preliminary hearing. This hearing would normally take place before the defendant goes to trial, allowing the court to decide if there is enough evidence to move forward with prosecution. By signing the waiver, the defendant is agreeing to a trial without a hearing. There are two types of Waiver of a Preliminary Hearing: a voluntary waiver, which is signed with the consent of the defendant and their attorney, and an involuntary waiver, which is signed by the defendant against their will, typically due to pressure from the prosecution.
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Waiver of a Preliminary Hearing
State:
Multi-State
Control #:
US-CRIM-AO-468
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PDF
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Description
Waiver of a Preliminary Hearing
A Waiver of a Preliminary Hearing is a legal document that is signed by a defendant and their attorney, waiving the right to a preliminary hearing. This hearing would normally take place before the defendant goes to trial, allowing the court to decide if there is enough evidence to move forward with prosecution. By signing the waiver, the defendant is agreeing to a trial without a hearing. There are two types of Waiver of a Preliminary Hearing: a voluntary waiver, which is signed with the consent of the defendant and their attorney, and an involuntary waiver, which is signed by the defendant against their will, typically due to pressure from the prosecution.
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