Elements of the Defense Attorney's Craft: An Adaptive Expectations Model of the Preliminary Hearing Decision

The way criminal defense attorneys handle cases prior to final disposition is a subject that has gone largely unexplored by researchers. This study focuses on the decisions of attorneys to waive preliminary examinations in nine felony courts. Employing both interviews and case-level data, analysis of this decision emphasizes the adaptive behavior of attorneys to local court policies, client concerns, tactical issues, and time pressures. Underlying the specific rules of choice guiding this decision are more fundamental concerns of attorneys regarding efficiency, professionalism, and the minimization of later regrets associated with waiving preliminary hearings.