The defendant.
In the US, yes. To even be charged, the accused must be arraigned and appear (or waive appearance) in a preliminary hearing.
After you waive your rights to a preliminary hearing, the case typically proceeds directly to the next stage, which is often an arraignment or trial. By waiving this right, you forfeit the opportunity to challenge the evidence against you at this early stage. The prosecution may then move forward with formal charges, and the timeline for the subsequent legal proceedings is set. It's essential to consult with a legal professional to understand the implications of this decision fully.
A waiver of preliminary hearing means that it has been decided, or agreed, that no preliminary hearing is needed and so none will be held.
Yes, a defendant can get a copy of his preliminary hearing transcripts.
"Bndover-Circ Waive Prel Hrng" likely refers to a legal process where a defendant waives their right to a preliminary hearing in a criminal case. "Bndover-Circ" may stand for "Bindover-Circuit," indicating that the case is being transferred to a higher court for further proceedings. Waiving the preliminary hearing means the case can move forward more quickly, potentially saving time and resources for both the prosecution and defense.
how many times can a preliminary hearing be put of in pa
If the preliminary hearing is commensurate with your bond hearing, it is possible that you could either have bail set at that time, or released on Personal Rocognizance.
In Georgia, a preliminary hearing is not typically subject to appeal. Instead, it is a hearing to determine whether there is enough evidence for a case to proceed to trial. If a defendant disagrees with the outcome of a preliminary hearing, they may seek other legal remedies, such as filing a motion to dismiss or pursuing a trial. However, the decision made at a preliminary hearing itself cannot be appealed in the traditional sense.
HTS waived for preliminary hearing means the defendants forgoes his rights to this hearing. The defendant just wishes to proceed to the next step of the judicial process.
If they have already been arraigned there is no statutory time limit for the next step except for the "speedy trial" rule, and many (most?) defense attorneys routinely waive this time limit in order to better prepare their cases.
Once a judge rule to hear a motion at the preliminary hearing stage, can the states attorney acquire an indictment before the judge rule on the motion that was set for a hearing date?
No.