Legal Question in Criminal Law in Pennsylvania

Re: waiving charges

A preliminary hearing is the first stage of a prosecution. At a "prelim", the government presents witnesses, and the judge (or district justice) determines if there is sufficient evidence for the government to formally arraign a person on charges and set a date for trial.

When your daughter waived her prelim, she gave up her right to have this evidence presented and to make argument that the charges should have been reduced or thrown out. I would rarely advise a client to waive a prelim, and I hope that she did not make that decision without speaking with an attorney. However, your daughter has not given up any other rights by waiving the prelim. She should retain a lawyer as soon as possible.

Re: waiving charges

To supplement what Atty. Hochberg said, the prelim is used by defense attorneys to determine what evidence the police have against a defendant, and to seek out any information that may be helpful to the defendant, either in filing a pre-trial motion with the court (such as a motion to suppress evidence, or a habeas corpus motion).

A defendant should never waive their right to a preliminary hearing without speaking with an attorney.