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Form 10. Waiver of Preliminary Hearing

Arizona Revised Statutes AnnotatedRules of Criminal Procedure

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
IX. Miscellaneous
Rule 41. Forms
Forms
16A A.R.S. Rules Crim.Proc., Form 10
Form 10. Waiver of Preliminary Hearing
________________________________ COURT
______________________ County, Arizona
 
 
 
STATE OF ARIZONA Plaintiff
[CASE/COMPLAINT NO.]
-vs-
WAIVER OF
PRELIMINARY
 
HEARING
Defendant (FIRST, MI, LAST)
 
 
 
WAIVER OF PRELIMINARY HEARING
You are entitled to a preliminary hearing on the charge(s) against you unless charged by grand jury indictment. The purpose of this form is to notify you of your rights and of the ways in which the hearing could benefit you, and to allow you to give up your rights if you so choose. Read the entire form carefully before signing it.
RIGHT TO PRELIMINARY HEARING
I understand that I am charged with the crime(s) of
 
 
which is a felony under the law of Arizona and that if I am found guilty I can be given a severe punishment, including jail, prison, a fine, probation, or other penalties.
I understand that the Arizona Constitution provides that, if I am charged by means other than a grand jury indictment, I have a right to a preliminary hearing at which a magistrate, without making any determination of my guilt or innocence, will decide whether there is sufficient evidence against me to establish probable cause to try me on these charges. I understand that I have a right to a lawyer at the preliminary hearing and that, if I am unable to obtain the services of a lawyer without incurring substantial hardship to myself or to my family, one will be furnished for me free of charge.
I understand that the prosecutor would be required to present witnesses and evidence against me at such a hearing to demonstrate that there is probable cause to try me on the charges and that I would have the right to cross-examine such witnesses and to present evidence of my innocence. I understand that if the prosecutor failed to show probable cause to try me, the charge(s) against me would be dismissed, although the prosecutor may choose to re-file the charges.
I understand that giving up my right to a preliminary hearing gives the state the right to try me for the offense(s) charged without any determination of probable cause by a magistrate.
CERTIFICATION AND WAIVER
I certify that I have read and understand all of the above, and I hereby waive my right to a preliminary hearing in this case.
DO NOT SIGN THIS FORM UNLESS YOU HAVE READ IT COMPLETELY, OR HAD IT READ TO YOU AND UNDERSTAND IT FULLY.
DO NOT SIGN THIS FORM IF YOU WANT A PRELIMINARY HEARING.
 
 
Date
Defendant
I have explained the significance of the preliminary hearing to the defendant, and I consent to waiver of a preliminary hearing in this case.
 
Defense Attorney
Bar Number
I consent to waiver of a preliminary hearing in this case.
 
Prosecutor
Bar Number
Form 10

Credits

Added Sept. 5, 2007, effective Jan. 1, 2008.
16A A. R. S. Rules Crim. Proc., Form 10, AZ ST RCRP Form 10
State Court Rules are current with amendments received and effective through 4/1/22. The Code of Judicial Administration is current with amendments received through 4/1/22.
End of Document