Waiving the right to a preliminary hearing gives the court permission to send the defendant's case directly to trial, according to Rule 541 of the Pennsylvania Code. To initiate a waiver, the defendant agrees in writing with all of the court's conditions attached to the waiver.Know More
Choosing to waive a preliminary hearing is a decision to be made after consulting with an attorney. According to Nolo, there are several reasons to go this route. One reason is when the defendant accepts his guilt and wishes to plead guilty. A defendant who is guilty on one charge waives the hearing to avoid additional charges that would come to light during the hearing. In a strong case for the prosecution, notes Nolo, an angry witness may testify under oath and subsequently refuse further interviews with the defense.
Sometimes waiving is a defense strategy to avoid unwanted negative publicity, Nolo notes. In addition, some damaging witness testimony may be avoided by a preliminary hearing. Preliminary hearings are designed to establish the validity of charges brought against the defendant, FindLaw states. Evidence produced at a hearing may include sworn affidavits, physical evidence and compelling witness testimony. In high-profile cases, such evidence could taint a jury pool once it becomes public, according to FindLaw.Learn more about Crime
A preliminary hearing determines whether there is enough evidence to force an individual to stand trial, but it does not determine guilt or innocence. According to Nolo, a preliminary hearing allows both the prosecution and the defense to outline their cases, although the defense is not obligated to present information.Full Answer >
A Newton hearing is an uncommon legal procedure in British law that takes place in the event that the defense pleads guilty on facts that are different from the allegations of the prosecution. In such a situation, the judge sits without a jury, hears the claims of both sides and tries to decide which party is telling the truth.Full Answer >
A preliminary inquiry is a legal procedure that determines if the prosecution has gathered enough evidence to move forward with their case, according to the Cornell University Law School. It is also known as a preliminary hearing.Full Answer >
A person caught trespassing may be arrested and charged, and if found guilty, sentenced to jail or to pay a fine or serve a probation sentence. The kind of punishment administered depends on the degree of trespassing.Full Answer >