Section 6.20 Waiver Generally Not Advisable

• Library: Criminal Practice 2012 Supp

A. (§6.20) Waiver Generally Not Advisable

An accused may waive the preliminary hearing after having been given an opportunity to consult with counsel. Rule 22.09(a). It is a personal privilege of the accused. The waiver of preliminary hearing must be free of duress and knowingly and voluntarily made. As a general rule, assuming that preliminary hearings are actually available in the jurisdiction, preliminary hearings should never be waived by the accused. If, upon examination of the evidence presented in a preliminary hearing, the associate circuit judge determines that there is no probable cause to believe that a felony has...