Several sound tactical reasons deserve to support a defendant's decision come waive the preliminary hearing and also instead continue to trial.
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A defendant may decide, after ~ consulting with counsel, come waive the preliminary hearing. The preliminary hearing gives a preview the the prosecution"s case, consisting of evidence and also potentially witness testimony. At the hearing, the prosecutor must convince the judge the probable reason exists to believe the defendant cursed the fee crime(s). Waiving this hearing allows the case to proceed to trial more quickly (though not immediately). Why can the defendant pick this path? (For an ext clarity ~ above preliminary hearings in general, read around the differences between a preliminary hearing and also a trial.)
Why Waive the Preliminary Hearing?
A defendant might waive the best to a preliminary hear for number of reasons, including the following.Minimize more damage. The defendant is guilty of much more than the charged offenses and also fears more charges from the possibly damning evidence that might come the end at the preliminary hearing. Also, if the truth of the situation are particularly nasty and also the defendant plans come plead guilty anyway, the less the sentencing judge hears about the facts, the much better for the defendant.
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Unavailable witnesses. The beginning intends to contact witnesses at the preliminary who might be do not have at the moment of trial. If the preliminary hearing walk forward, this testimony will certainly be available in the kind of transcripts native the hearing for the start to usage at trial. By waiving the preliminary hearing, the defendant might prevent the testimony from coming in when the trial rolfes around.
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