https://www.avvo.com/…/can-i-cancel-me-waiving-my-prelimina… Can I cancel my waiving of my preliminary hearing in a major drug case? …
Jay K. Nixon Avvo Rating: 10 Criminal Defense Attorney in Janesville & Kenosha, WI
Once you waive your right to a preliminary hearing, I doubt if you would ever be allowed to retract that decision. You still have a right to a full blown trial by jury, so you haven't really waived all that much; and since the purpose of the prelim is only to make sure that there is some evidence against you before you are put through the tortuous step of a trial, waiving it is therefore a less than a critical step. Most judges would have better things to do than allow you to reverse your march towards justice by this sort of a retreat. Appellate courts would also probably sustain any decision denying this request to implement your apparent change of heart. Either way, you are far better off worrying about getting a good outcome at your trial rather than in crying over spilt milk this way. You might instead consider devoting more energy and resources towards funding a private investigator, for example, or by retaining a second chair attorney to assist your primary one at your trial.
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