Waive Preliminary Hearing Rights

[boti]

What is the name of your state? Illinois charge-possesion
On my 1st court appearence my pubic defender, told me that I should Waive my Right to have a Preliminary Hearing.
He explained, it would make the court look better on me. In his words court was full and they were giving gold stars if defendants waive their Preliminary Hearing.
What did this mean? Did i give up some of my rights? I didn't understand what he meant, but i figured I should do what he wanted me to do, because he was my attorney.
If anyone knows about this please advise me.
Also my public defender also advised me that on the court date of aug. 23, that i would recieve my paperwork on what the states attorney planned on useing against me like, police statements, list of evidence, etc....I was suppose to recieve it within 30-60 days before the trial date. My date is on nov. 29th, and still I haven't recieved anything about the trial.
I only have a little over 2 weeks to prepare my case and need this paperwork. What shall i do about it.
I thought the states attorney was suppose to give my paperwork to my
attorney for us to review and also the evidenence, and the states witnesses statementes written by the witnesses for us to have time to read it and sort the right and wrong in it.
My sister was also charged with same crime, she got her paperwork of evdence 2 weeks after we had been released from jail. She goes to court on Dec.7, my court date was given to me for Nov.29th. Shouldn't i have a right to the evidance that they are saying agaist me in order to bring my own evidance and to be better prepared for proving my innocence in my case.



I so sorry if my 1st couple of posts were written like by a crazed person, trust me i am very honest, I just get very emotional and mad righting about the thread-wrongfully accussed.
that case was one where 2 people should of right went to jail,for aggravaited assult, and aggravated battery, but for some wrong reason, I go to jail for those charges 2x aggravaited assult+2x aggravaited battery.
Maybe i should of went to jail for yelling at someone and also cussing in public, but what i was charged with.
I just do not understand how these 2 women got away with all of these charges and walked away free, when the had the ballbat and pulled my hairout.
Thank god and the Judge that they seen the whole story and i was let go, but so much embarrassment i have gone through over it. I had to spend money for towing my car away, for bonding out of jail, paying attorneys for advice, missing work to go to court, babysitters, legal pads, etc...now how do i get all my money back? Big plugs were pulled from my head so i had to get my hair all cut off.
Plus our local paper wrote about what the states attorny reported in court the 1st day and that story was totally wrong, They never went back and reported a retraction, or any thing about my innonance.
Any advise anyone can give me please? or next time i run into them should i go ahead and kick their ass for being the really crappy people that they are?

[seniorjudge]

Q: On my 1st court appearence my pubic defender, told me that I should Waive my Right to have a Preliminary Hearing. He explained, it would make the court look better on me. In his words court was full and they were giving gold stars if defendants waive their Preliminary Hearing. What did this mean?

A: This means your lawyer is an idiot.

[JETX]

Originally Posted by boti

On my 1st court appearence my pubic defender, told me that I should Waive my Right to have a Preliminary Hearing.
He explained, it would make the court look better on me. In his words court was full and they were giving gold stars if defendants waive their Preliminary Hearing. What did this mean?

Depending on the evidence, usually, not much.

preliminary hearing
n. in criminal law, a hearing to determine if a person charged with a felony (a serious crime punishable by a term in the state prison) should be tried for the crime charged, based on whether there is some substantial evidence that he/she committed the crime. A preliminary hearing is held in the lowest local court (municipal or police court), but only if the prosecutor has filed the charge without asking the Grand Jury for an indictment for the alleged crime. Such a hearing must be held within a few days after arraignment (presentation in court of the charges and the defendant's right to plead guilty or not guilty). Since neither side wants to reveal its trial strategy, the prosecution normally presents only enough evidence and testimony to show the probability of guilt, and defendants often put on no evidence at all at the preliminary hearing, unless there is a strong chance of getting the charges dismissed. If the judge finds sufficient evidence to try the defendant, the case is sent to the appropriate court (variously called superior, county, district, common pleas) for trial. If there is no such convincing evidence, the judge will dismiss the charges.

Did i give up some of my rights?

No. The simply fact is... you were arrested with possession (apparently). If the evidence was clearly sufficient to support the charge, the waiver really means nothing.... but it also doesn't get you any benefit (as the attorney implied).

Also my public defender also advised me that on the court date of aug. 23, that i would recieve my paperwork on what the states attorney planned on useing against me like, police statements, list of evidence, etc....I was suppose to recieve it within 30-60 days before the trial date. My date is on nov. 29th, and still I haven't recieved anything about the trial.

Hmmmm.... that doesn't bode well. I suggest you talk with your attorney and 'insist' that he/she get on the ball and get PRO-ACTIVE in your case. You have a PD.... and they are notoriously overworked. I suggest you start to protect yourself by DOCUMENTING everything. Every call made, when returned or not. Try to put your requests in writing (fax??). Let your PD know that you are VERY interested in this matter.... and that you intend to protect your rights.