Waived to court means that the defense in a criminal case has waived its right to a preliminary hearing, according to Adam D. Zucker, a criminal defense attorney in Conshohocken, Pa. Waiving the preliminary hearing is not a plea of guilty. It is an agreement by the defense that the state or commonwealth can meet its burden of proof in a preliminary hearing only.Know More
The burden of proof required in a preliminary hearing is far lower than at a trial, according to George A. Heim, a DUI/DWI attorney from Pittsburg, Pa. The lower court requires only that a prima facia case be established. This means that the prosecution must only prove that it has sufficient evidence to merit a trial. The prosecution's evidence is not challenged at the preliminary hearing, as it is in a trial.
Nolo explains that there are several reasons that the defense chooses to waive a preliminary hearing. Fear that additional evidence will come to light during the preliminary hearing is a common motivation behind waiving it. This could potentially lead to additional charges. The defense may also waive a preliminary hearing if the prosecution's case is strong, or if it does not want the prosecution to gain a transcribed record of witness testimony.Learn more about Law
Under U.S. law, a will directs a court on how the testator's estate should be handled after death, while power of attorney refers to how decisions should be made while the principal is still living. An individual with power of attorney cannot manage the grantor's estate after death, explains USA.gov.Full Answer >
A person who misses a court date needs to contact his attorney immediately, according to the Criminal Defense Lawyer website. Forgetting a court date has serious consequences. In the case of criminal or traffic charges, this can result in the judge issuing a bench warrant for the offender's arrest. The lawyer is often able to arrange for the defendant to take care of the issue without going to jail.Full Answer >
In order to legally get out of a subpoena, you must hire an attorney to respond to or challenge it in court on your behalf.Full Answer >
A medical power of attorney is a document providing instructions for medical care in case a patient becomes too ill to speak. According to the American Bar Association, an agent who has been given medical power of attorney for a patient has the right to make his health care decisions.Full Answer >