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Conducting a preliminary hearing is one of the most fundamental building blocks of building a great defense for your criminal case. Waiving a preliminary hearing means you give up your right to require the state to put on evidence indicating your guilt.
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.
Waiving the Right to Counsel A criminal defendant may choose to proceed without counsel. This decision is known as a waiver of their right to counsel. A criminal defendant must voluntarily waive the right. Moreover, they must knowingly make their decision for the waiver to be effective.
A: A preliminary hearing is a legal process where the district court judge decides if there is enough evidence to send a defendants charges to the grand jury. The judge, the defendants attorney, the prosecutor and any necessary victims/ witnesses are present at the proceeding.
A defendant might waive the right to a preliminary hearing for several reasons, including the following. Avoid publicity. Minimize further damage. Hostile witnesses. Unavailable witnesses. Stall.
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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.
It is an act of voluntarily giving up a right, and can apply to a variety of legal situations including knowingly giving up a legal right such as a speedy trial, a jury trial, giving up some rights in a settlement talk, or not enforcing a term of contract.

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