Basic Deputy United States Marshal Integrated (BDUSMI) 2501 Exam 3 Practice

Session length

1 / 400

The use of preliminary hearing evidence is not held if the defendant what?

Refuses to testify

Alleges innocence

Pleads guilty

Waives the right

The key idea is that a preliminary hearing is a pretrial step to check for probable cause, and a defendant can opt out of it by waiving the right. When the right to a preliminary hearing is waived, the hearing isn’t held, so there’s no preliminary hearing evidence to introduce or use later. Refusing to testify, claiming innocence, or pleading guilty don’t automatically stop the hearing from occurring; only a waiver of the right ends the need for the preliminary hearing. So, waiving the right is the mechanism that prevents the hearing and its evidence from being used.

Next Question
Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy