A preliminary hearing may be waived for strategic reasons, such as to avoid preserving witness testimony that could be used against the defendant later, to prevent evidence affecting bail status from becoming public, or to "lock in" the current charges and avoid prosecutors adding new or enhanced charges. Waiving the hearing can also be part of plea negotiations where a more favorable outcome might be offered in exchange. However, waiving it means giving up opportunities to challenge the prosecution’s evidence early, assess case weaknesses, potentially get charges reduced or dismissed, and gain insight into the prosecution’s strategy. Key reasons to waive a preliminary hearing include:
- Avoiding hostile or reluctant witness testimony from being preserved for trial
- Preventing new charges or enhancements based on evidence presented at the hearing
- Reducing publicity, as preliminary hearings are public
- Using the waiver as leverage in plea negotiations when a beneficial agreement is offered
Risks of waiving include losing chances to test the prosecution’s evidence, challenge improperly obtained evidence, and secure early case dismissal or charge reductions. Such a decision should be made carefully with experienced legal counsel weighing the pros and cons specific to the case circumstances.
