AO 468: Waiver of a Preliminary Hearing

AO 468, Waiver of a Preliminary Hearing, is a one-page form for a criminal case in a United States District Court, captioned United States of America v. the defendant. The PDF prints the edition (Rev. 04/15), and the U.S. Courts page lists the form under Defendant Consent and Waiver Forms, effective on January 1, 2009.

The form is a statement in the defendant's own words. It says the defendant has been charged with an offense in a criminal complaint filed in this court, or charged with violating the terms of probation or supervised release in a petition filed in this court, and that a magistrate judge has informed the defendant of the right to a preliminary hearing under Fed. R. Crim. P. 5.1, or to a preliminary hearing under Fed. R. Crim. P. 32.1. It then reads: "I agree to waive my right to a preliminary hearing under Fed. R. Crim. P. 5.1 or Fed. R. Crim. P. 32.1." The defendant and the defendant's attorney sign it.

This page explains the form in plain words and is not legal advice. You can fill it out free in your browser on this page and download the result without an account.

Top of page 1 of AO 468: Waiver of a Preliminary Hearing, as printed by COURTS

What's on AO 468

Header and caption

The form number, edition and title, the district, United States of America v. the defendant, and a Case No. line.

The charge

The defendant states being charged with an offense in a criminal complaint, or with violating the terms of probation or supervised release in a petition, filed in this court.

Notice of the right

The defendant states that a magistrate judge has informed the defendant of the right to a preliminary hearing under Fed. R. Crim. P. 5.1, or to a preliminary hearing under Fed. R. Crim. P. 32.1.

The waiver

One sentence: "I agree to waive my right to a preliminary hearing under Fed. R. Crim. P. 5.1 or Fed. R. Crim. P. 32.1."

Signatures and attorney details

A date line, the defendant's signature, the signature of the defendant's attorney, and the attorney's printed name and bar number, address, e-mail, telephone and FAX lines.

How to fill out AO 468

1
Fill in the court and case
Enter the district, the defendant's name and the case number in the caption.
2
Read the statement
The printed text names a criminal complaint or a probation or supervised release petition, and preliminary hearings under Fed. R. Crim. P. 5.1 or Fed. R. Crim. P. 32.1.
3
Date it and sign
Enter the date. The defendant signs on the Defendant's signature line.
4
Add the attorney's signature and details
The defendant's attorney signs and fills in the printed name and bar number, address, e-mail address, telephone number and FAX number.

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Where it goes, fees and edition

Court

The form is captioned for a United States District Court and says the complaint or petition was filed in this court.

Fee

The form does not print a fee.

Edition

The PDF prints Rev. 04/15. The U.S. Courts page lists the form under Defendant Consent and Waiver Forms, effective on January 1, 2009.

Who completes AO 468?

The defendant
Signs the waiver. The form names a defendant charged in a criminal complaint filed in this court, or charged with violating probation or supervised release in a petition filed in this court.
The defendant's attorney
Signs below the defendant and adds a printed name and bar number, address, e-mail address, telephone number and FAX number.
A magistrate judge
The form says a magistrate judge has informed the defendant of the right to a preliminary hearing. The PDF has no judge's signature line.
The United States
The caption names United States of America as the party opposite the defendant.

The form has signature lines for the defendant and the defendant's attorney, and it names these people.

Official sources and the blank

Official U.S. Courts form page
The agency’s own page for Form AO 468.
Blank PDF
The official blank form, to print or fill by hand.

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Questions about Form AO 468

Who signs AO 468?

The defendant and the defendant's attorney. The form has a line for the defendant's signature and a block for the attorney's signature, printed name and bar number, address, e-mail address, telephone number and FAX number.

Which rules does AO 468 name?

Fed. R. Crim. P. 5.1 and Fed. R. Crim. P. 32.1. The form says a magistrate judge has informed the defendant of the right to a preliminary hearing under them.

What charges does the form mention?

An offense charged in a criminal complaint filed in this court, or a charge of violating the terms of probation or supervised release in a petition filed in this court.

Does AO 468 have a line for a judge?

No. The PDF has lines for the date, the defendant's signature and the defendant's attorney, and no judge's signature line.

Which edition is the form?

The PDF prints Rev. 04/15. The U.S. Courts page lists the form as effective on January 1, 2009.

Is this page legal advice?

No. This page explains the form in plain words and is not legal advice.

AO 468: Waiver of a Preliminary Hearing