Legal Question in Criminal Law in Pennsylvania

can you have a plimanary hearing if you were so upset you wavied it

i would like to know if you were so upset and not real sure what state of mind a person is in and they waive the plimanary hearing in pa. is there any possible way to ask for one. This is a situation my friend is in and i thought i read somewhere you can request the hearing under the state of mind the person was in or not in at the time. Also if the judge say the parent is aloud to visit with the children at anytime but is in jail how do you get a speedy way to have the children see the parent. The children were not involved and the judge gave the prarent the right to call and visit with the children at anytime. thank you very much


Asked on 2/24/05, 8:25 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: can you have a plimanary hearing if you were so upset you wavied it

Before waiving the preliminary hearing the district justice is supposed to inquire to find out if the waiver is knowing and voluntary. If your friend had counsel the counsel may have had tactical reasons to waive the Preliminary hearing.(The prosecution offered to drop some minor charges in exchange)If your friend did not have counsel, he needs to secure counsel quickly. I offer free consultations.

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Answered on 2/26/05, 9:00 am


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