Thursday, November 20, 2008

Why Waive A Preliminary Hearing

Yesterday, I posted about the jail docket here in Nashville. I have never waived a preliminary hearing in a case with one exception. Once , I waived a preliminary hearing in a aggravated statutory rape charge as to not inflame the family. I was afraid if the person's family heard some of the evidence they might push for jail time.Fortunately, the strategy worked. I read about a case in Murfreesboro,Tn in which the lawyer waived a hearing in a serious case. It appears from the article that nothing was gained by waiving the hearing. Criminal defense rule number one never waive the preliminary hearing unless you get something ion return. Test the state's case early and often.

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