View Full Version : What does it mean to waive your priliminary hearing?


ReDDcRuSh
08-04-2005, 04:24 PM
Can Anyone Tell Me What It Means To Waive Your Priliminary Hearing...is It Better To Do It Or Not...my Friend Just Got Arrested And Goes To Court Tomorrow...im Not Sure If Hes Been Arrained Yet? He Is Asking Me If He Should Waive His Priliminary Hearing And I Dont Know What To Tell Him...any Advise Would Be Greatly Appreciated...thanks

ReDDcRuSh
08-04-2005, 04:31 PM
CAN ANYBODY TELL ME WHAT IT MEANS TO WAIVE YOUR PRILIMINARY HEARING...AND IF IT IS BETTER FOR YOU IF YOU DO...MY FRIEND JUST GOT ARRESTED AND HE GOES TO COURT TOMORROW AND HE ASKED ME IF HE SHOULD WAIVE HIS PRILIMINARY HEARING AND I DONT KNOW HOW TO ADVISE HIM...HE HAS BEEN ASSIGNED COUNSIL BUT HAS ONLY BEEN ABLE TO SPEAK TO HIM FOR A MINUTE....ANY ADVISE WOULD BE GREATLY APPRECIATED...THANKS..REDD :confused:

octobriana
08-04-2005, 05:09 PM
No,do not waive the preliminary hearing-it is your first chance to go before the judge and plead guilty or not guilty.Tell him to go to the hearing and put his plea before the judge.Does he have a lawyer?Make every appearance you can before the judge,it gives you more information on what is going on with you!The charges will be read at this hearing and bail is often set ,sometimes you can even be released.By all means tell him to go-hear out the charges,and enter his plea.

ReDDcRuSh
08-04-2005, 05:14 PM
O Thanks For Responding...he Is Calling Soon And I Was Afraid No One Would Respond...i Will Tell Him Not To Waive...he Was Assigned A Lawyer...he Is Very Scared The Charges Against Him Are Very Serious...i Dont Know What He Was Thinking...hes In Alot Of Trouble...

octobriana
08-04-2005, 05:38 PM
Well,it sounds like he has a public defender,some of them can be very good,I would be hopeful.He will get to talk to the public defender before the hearing and will be advised of his options.The judge will post bond or no bond-depending on the charges-you may be able to bail him out soon.There is really nothing that can be done until the outcome of the hearing so you will have to kind of sit back and wait until it has taken place.

haswtch
08-04-2005, 05:55 PM
If he didn't do it, or has doubts about their story- DO NOT WAIVE ANY RIGHTS!!! Make them work for it every step of the way.
He is creating a paper trail that will hopefully help to protect him. At a preliminary hearing, the prosecution has to prove to a judge that there is enough evidence to merit bringing the case to a grand jury. It would be pretty rare to win at this stage but it can help to make them commit themselves to 1 set of facts, feel me?

tuttles
08-05-2005, 09:46 AM
I agree DON'T WAIVE ANYTHING. The "lawyers", etc...will probably talk circles around your friend, he has the right to have ANYONE he wants with him when he meets with his attorney, so if he doesn't understand or is too scared to think, he needs to have another set of ears and eyes with him. He just needs to remember not to waive anything, and DO NOT SIGN ANYTHING until he thouroughly understands what it is.

ItsMeMario
08-05-2005, 04:16 PM
I realize that the following runs counter to what the prevailing view is here but please hear me out.

First, if a lawyer (or anyone else giving legal advise) is providing that advise without the client's best interests in mind he or she needs to be dismissed.

Waivers are necessary elements of the criminal justice system and permeate all phases of the system. There are times where a waiver is a good thing and other times when it is a mistake.

Preliminary hearings are a good example where individual advise is necessary to make an informed decision about waiving. In some jurisdictions, like New York City, preliminary hearings are never done. Nothing to waive, if you are not indicted by the 180.80 day you are released without bail.

In other jurisdictions, like Nassau, the preliminary hearing will be used against the defendant when and if he or she goes to trial or for plea bargaining purposes. A complaining witnesses identification of the defendant "early" on may doom the case from the start. Additionally if there is a relationship between the defendant and the complainant the closer to the incident the testimony is taken the more damaging to the defendant it will probably be.

Each case must be evaluated on its own merits and circumstances. To make blanket statements like "don't waive anything" is irresponsible.

No defendant should waive anything without a full understanding of why he or she is waiving it and what the ramifications of the waiver are. If an 18-b or Legal Aid (or I have seen paid lawyers do this as well) don't provide an explanation that you accept; don't waive and if you feel he or she is being lazy or worse ask for substitute counsel.