The next step is to waive your prelim (i.e., preliminary hearing). At the Magisterial District Court.
What does it mean?
Waiving your prelim means you giving up your right to a preliminary hearing and all that goes with that.
How to do it?
There are a couple of ways to waive.
If you have a lawyer, you can do it with him/her. If you don’t, you will need to do it with a judge in court.
Do it with your lawyer.
If you have a lawyer, you can do the waiver with him/her.
Here is the process:
Your lawyer will ask the magisterial district judge for a waiver form, which includes information about the waiver and bail.
Your lawyer will go over the form with you, and you will both will sign it.
Your lawyer will file the waiver with the court.
The court will mark the prelim waived and provide your lawyer with a notice of court dates, including your next court date, the arraignment.
Your lawyer will provide you with a copy of the notice.
Easy street
This is the easiest way to waive your prelim. You don’t need to take off an extra day of work for court or make an extra trip. It’s easy, but you can’t do it without a lawyer.
To SRL clients
We use e-signature software. We can send you the waiver form by email. You can sign it on your computer, tablet, or phone.
You can come to our office to do it, but you don’t need to. We can talk you through it over the phone or by Zoom.
To self helpers
Do not use the waiver form available online at the Adams County, PA Court of Common Pleas Self-Help Center.
Why? Again, you can only do the waiver this way if you have a lawyer.
Do it in court.
You may also do it in court, with or without a lawyer.
But if you do not have a lawyer, you must do the waiver in court.
Even if you have a lawyer, you also must do it in court if the waiver form is not done right or submitted promptly or if the magisterial district judge has not confirmed receipt.
To SRL clients
If you do not waive your prelim before court, you have to go to court.
Please be there—in/at the courtroom and not parking your vehicle—15 minutes early, just in case.
If you are going to be later than that, please let us know.
To self helpers
If you want to waive your prelim in court, go to court on the date and time set on the notice of preliminary hearing.
When your case is called, let the court know you want to waive. You may also want to let the DA know.
The court will discuss the waiver and have you sign a form. The court will set bail if it has not already been set. The court will also give you a notice of court dates. You will have to sign for those as well.
Who says you have to?
The DA. He has made waiving your prelim a specific eligibility requirement.
It is one of the “do” requirements. Not many of those. Most are “don’t-do’s.”
What if you don’t?
If you don’t waive your prelim, you don’t get ARD. You have to waive the prelim if you want ARD.
Will they make an exception for you? Highly unlikely. The DA does not like to let you have it both ways.
To SRL clients
We will discuss with you whether you should waive your prelim. You have to waive to get ARD, but that may not be the right move (if, e.g., the charges are likely to be dismissed).
If you waive, you will lose your right to challenge whether the charges are supported by the evidence (unless the parties agree otherwise).
To self helpers
If you do not have a lawyer, you will have to decide what to do on your own.
Be careful. Again, a waiver may not be the right move (e.g., you are not ARD-eligible regardless). If you do not know if you are eligible, you may want to ask the DA at the hearing.
The magisterial district court may provide you with information sheets for the hearing and waiver process. You can use the information to help you make a decision.
The sheets may be well-intended, but keep in mind they are written from the court’s perspective, not a defendant’s. The information in some cases is questionable.
But for most ARD eligible cases, the information is adequate.
Comments
Reserved.
Resources
Rule 541 of the Pennsylvania Rules of Criminal Procedure (“Waiver of Preliminary Hearing”)
Rule 542 of the Pennsylvania Rules of Criminal Procedure (“Preliminary Hearing; Continuances”)
Rule 541 of the Adams County Rules of Criminal Procedure (“Waiver of Preliminary Hearing”)
Rule 541.1 of the Adams County Rules of Criminal Procedure (“Form of Waiver”)
Services available
Steve Rice Law self-help services (for help with this article only).
Steve Rice Law standard services (for representation).
For a quote, text or call (717) 339-0011. Or email info@stevericelaw.com.