Should I Waive My Preliminary Hearing?
This particular is amongst the trickiest questions in legal law. I do believe the response depends on just how serious the charges may be. If the charges are serious, I’m more unlikely to recommend complaintant to waive. The less serious, the more likely I’m to proceed with the preliminary hearing.
Nonetheless, you’ll find so many various other elements involved in this specific instance.
In certain counties, they will not offer you a very good hearing at the up coming levels when you move forward with the preliminary hearing. Specially ARD in some borderline instances. But if your circumstance is ARD qualified, you should consider waiving this original experiencing generally.
The true selling point of preliminary hearing is that you will get to produce a document, such as a deposition, with the witness, a long period of time before the trial starts. Frequently the witnesses are not ready, as well as the ADAs at the original proceedings are generally younger and have dealt with less cases. Once you put up your preliminary hearing each of the witnesses are generally closed in to these records and now it is extremely difficult to change their own stories.
While you’ll find that there is exceptions to every rule, our advice is based on the seriousness of the charge. In a homicide case, unless the DA will accept to only proceed on murder 3 and/or manslaughter, we are always putting up the preliminary hearing. In sexual assault case, we are always putting up the preliminary hearing. With a DUI case with a car accident where it looks like the offender is not ARD eligible, but they may be eligible, I would always waive the preliminary hearing.