I hear that many people waive their preliminary hearing. Should I waive my preliminary hearing?
A: It depends. A preliminary hearing is important because it helps you and your lawyer learn more about the circumstances surrounding the allegations. More information is always better than less information. You also will make better decisions about your case with better information. The preliminary hearing can help you obtain the information you need to make smart choices in your case. The preliminary hearing presents an opportunity for your lawyer to learn about the evidence that the Commonwealth will try to offer against you and in support of the charges. This also means that you must be prepared for this important hearing. If you can get all of the best information available without a preliminary hearing, then maybe you can waive the hearing. In other cases, the only way to obtain important information which will be necessary to execute your plan (develop all of your defenses or preserve legal issues and arguments) will be through a preliminary hearing. And the testimony will need to be recorded by a court reporter who will prepare a transcript of the testimony.