CanI get my preliminary hearing back ifI waive it?
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CanI get my preliminary hearing back ifI waive it?
Asked on February 1, 2011 under Criminal Law, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
This question is best asked to an attorney in your state as it deals with the criminal procedural law. Generally speaking, once you waive something it is difficult to set the waiver aside absent proof that you either were unaware of your rights when you waived it, denied effective counsel, etc. Did you have an attorney? Did the attorney advise you to waive the hearing? Sometimes this is tactical as the Prosecutor's Office sometimes offers a better deal if you waive the hearing. Some attorneys do not like to waive them at all. It is best for you to ask for an attorney and speak with him or her regarding same. Good luck to you.
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