My nephew waved his right to PH on a felony DUI (first offense). This is what his Public Defender told him to do. Now that he knows more of what is going on, he wished that he had not of done that.
I have never seen anyone do that. Often times there are good reasons for waiving a prelim, such as because there are no factual issues with the case or to maintain a particularly good pre ph offer. Talk to his attorney about why it was waived. I'm sure there's a valid reason.
Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.
By law it is probably the attorney's decision, actually. The rights that are personal to the defendant are whether to plead guilty or not guilty; whether to have a jury trial or a bench trial; whether to testify or not to testify; whether or not to take an appeal. All other decisions are ultimately for the attorney to make. So legally your nephew is not entitled to make the call about whether to waive a preliminary hearing . In general, since he has an attorney he should let his attorney handle the case although, of course, there should be consultation back and forth at every step. Does it occur to him that his PD knows a lot more about what is going on than he does?
There are sometimes good reasons to waive a prelim. Sometimes the DA agrees not to add more charges or the DA will offer to agree to an OR release. My general rule is that waiving a prelim is fine as long as the client is getting something for it in return. Otherwise, there is no reason to pass up an opportunity to cross-examine the cops and lock them into what they wrote in their reports.
The answers to these questions are intended for informational purposes. The attorney-client privilege does not attach and will not attach unless a written contact is entered into with Ms. Daly's firm. CIRCULAR 230 DISCLOSURE: If the above relates to a tax matter then, pursuant to Treasury Department Rules, we must advise you of the following: The advice contained in this communication was not intended or written to be used and cannot be used for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service. Under the applicable Rules, a taxpayer may rely on our advice to avoid penalties only if the advice is reflected in a more formal tax opinion that conforms to IRS standards
Sign up to receive a 3-part series of useful information and legal advice about DUIs.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline