Section 6.21 Waiver When Grand Jury Will Be Called

• Library: Criminal Practice 2012 Supp

B. (§6.21) Waiver When Grand Jury Will Be Called

When it is known that the case is definitely going to be presented to a grand jury, it may be advisable to consider waiver because there is nothing to lose. Waiver might prevent a higher bail bond being required by the court after indictment by the grand jury. Some lawyers also prefer not to try a felony case after indictment because of the possible inference given the trial jurors that a grand jury has already heard the evidence and found the defendant guilty. In certain cases, however, it may be to counsel’s advantage to present the defendant to the grand jury in order to proffer testimony, thereby possibly convincing the grand jury not to indict. In these cases, and for the practitioner who has utilized this process successfully, waiving the preliminary hearing when the case is to be presented to the grand jury would not be advisable.

Again, the timing of proceedings may affect a course of action concerning the wisdom of waiver of the preliminary hearing. Often, a preliminary hearing is set for a future date some time off, knowing that the prosecutor will seek...