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 WAIVER of HEARING 2022-2025

Ny Waiver Hearing 2022-2025 Form

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hi this is Stuart Erickson Wagner attorney today we're going to talk about preliminary hearings and whether to waive them or not now a waiver means to give something up every defendant in a criminal felony case has a right to a preliminary hearing which is a probable cause hearing to show two things one that a crime was committed into probable cause to believe that the defendant committed it so it's not a full-blown jury trial but it is a threshold level to justify the state uh you know making you ultimately stand for a jury trial on a criminal allegation so the question becomes a lot of times uh you know should I exercise this right do I wave prelim or do I have the prelim so a lot of considerations into that a lot of it is you know do we have all of the discovery or or enough of the discovery to know what the state's facts are so when they give a a plea offer uh so let's say a defendant's in a position where they know they did it they know they

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