Why waive a preliminary hearing

In some cases, a defense attorney and a defendant may agree that the defendant should testify at the preliminary hearing.

For instance, the case may involve the issue of self defense and the defendant may be a much more credible witness than the victim. This kind of decision is very difficult to make and a defendant should never choose to testify at a preliminary hearing without consulting with an attorney and exploring the matter thoroughly.

Criminal defendants usually have the option to waive the preliminary hearing, but it happens very rarely and no defendant should do this without the advice of an attorney. If you waive a preliminary hearing, you allow the prosecution to proceed on criminal charges against you without having to present its evidence. Most likely, a competent defense attorney would recommend waiving the preliminary hearing only if the evidence against the defendant was substantial or overwhelming, and waiving the hearing would benefit the defendant in a significant way.

For example, if the case is a high profile matter involving a great deal of publicity, an attorney might recommend waiving preliminary hearing in order to limit the release of information and evidence to the public. If you are arrested or receive notice that you will be charged with a felony, contact an attorney immediately.

A knowledgeable attorney can protect your rights and keep you informed through the preliminary hearing process. In addition, in some cases, it is possible to negotiate a plea with the prosecutor before a preliminary hearing. An attorney can investigate this possibility and advise you as to whether it is a good option for you.

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Call us at 1 Preliminary Criminal Hearing: Process and Procedures. When Does a Preliminary Hearing Occur? The defendant has the right to make a statement, not under oath, regarding the charge, for the purpose of explaining the facts in evidence. Upon conclusion of all the evidence and the statement, if any, of the accused, the court do one of the following three things: 1 find that there is probable cause to believe the crime alleged or another felony has been committed and that the defendant committed it, and bind the defendant over to the court of common pleas; 2 find that there is probable cause that a misdemeanor was committed and that the defendant committed it, and retain the case for trial or order the defendant to appear for trial; or 3 order the accused discharged.

Discharge is not a bar to further prosecution. Felony initial appearances and preliminary hearings take place at am, Monday through Friday, in Courtroom 3D.

The felony initial appearances and preliminary hearings are presided over by a judge of the court. Carr Judge Marilyn B. Cassidy Judge Nathan J. In other cases, the government may agree to withdraw some charges or offer a bail reduction if you waive this hearing. These options are worth considering. But you should weigh the pros and cons of waiving a preliminary hearing with your attorney.

This lets your attorney ask questions and explore areas that may help set the table for a strong defense at trial. An experienced defense attorney will find weaknesses without revealing the strategy that may have the best chance for success at trial.

You may even learn enough information to arrange a good plea bargain. Witnesses are typically not as well rehearsed for the preliminary hearing as they will be for trial. Therefore, the preliminary hearing is the best time to reveal inconsistencies or inaccuracies.