Waive a preliminary hearing?

Passion, Knowledge & Experience

When I was arrested and charged with two Misdemeanors, I was not only stunned but pretty scared too. I had never been arrested before and knew nothing of the process. Adam defended me with passion, non-judgment and thorough knowledge and experience of the law that I would have been utterly lost without. My record will be clean and I couldn't be happier. Myself, my family, friends and community are eternally grateful. THANK YOU, ADAM!! *****

Innocent and Facing Charges That Would Have Ruined My Life

"I had just recently graduated from law school and was awaiting my bar exam when I was charged with 3 class D felonies. Adam was incredibly invested and attentive from the beginning of my case. He greatly exceeded my expectations in how often he took the time to come visit me in jail with updates. He calmly talked my wife through the issues and helped her understand what was going on. Adam believed in me and took the case to jury trial in Monroe County Court. His courtroom performance was excellent, combined with a solid grasp of litigation procedures and law. The jury verdict was not guilty on the 3 counts. I WAS DISCHARGED AND ACQUITTED ON ALL COUNTS. Worst-case scenario I was looking at 21 years in prison, and instead today I have my life back."

Amazing lawyer

He is a very professional and well organized individual that will work with you not against you in any situation, and does his best to defend you and your rights in court. I would highly recommend P. Adam Militello for anyone in need of his services he provides. Avvo *****

Waive a preliminary hearing?

We get asked this question a lot- should our client waive their preliminary hearing?

If you are facing a felony charge and were incarcerated after your arraignment, you are entitled to a preliminary hearing (PH) on the question of whether there is probable cause to believe you have committed any felony. In Livingston County this is sometimes called a Felony Hearing, Whether you should waive a PH is a fact-specific question with an answer that changes from situation to situation. Prosecutors don't like preliminary hearings because they drain time from an otherwise busy schedule, so sometimes the waiver of a PH can be used as an incentive for the prosecutor to do something.

Nevertheless, holding a PH is good for at least three things: 1) Encouraging a prosecutor to review a case early on and make a plea offer (in exchange for not having to run the preliminary hearing). 2) Cross-examining an investigating officer or other witnesses early in the case to lock in his or her testimony almost three months before the next time they might have to testify at another hearing. 3) Last but not least, getting a client out of jail if that client is, in fact, innocent. If you are being asked to waive a preliminary hearing, you need to talk to a lawyer. Really. Whether it is us, or somebody else, get in touch with your lawyer today. We can help you decide whether to hold or waive a hearing, and we can help come up with a strategy to leverage the hearing to your advantage.  

The Militello Law Firm gives free phone consultations on DWI and criminal matters. You can reach us at (585) 485-0025.

The Militello Law firm
2480 Browncroft Boulevard
Rochester, New York 14625
Phone: (585) 485-0025 Fax: (585) 286-3128