Q: does someone who waves their preliminary hearing effect their motions that they put in?
A: You would only waive your preliminary hearing if you are planning on pleading guilty or applying to diversionary programs. Otherwise, you would want to have the preliminary hearing as the witness testimony from the hearing could be helpful at subsequent motions hearings and trial. You still have the right to file motions, but you would be at a disadvantage. Motions should typically be filed shortly after arraignment in an omnibus motion, but sometimes they are filed closer to trial as discovery is exchanged and investigation is completed.
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