# Who has the final say in this type of courtroom scenario?



## ironpony (May 29, 2016)

In my story there is a court case where the prosecutor does not know what one of the witnesses is going to say, but would like to find out.  Whenever the police attempt to talk to her, she doesn't want to talk.  So the prosecutor subpoenas her to testify at a preliminary hearing to see if she will be an effective witness to go to trial with.

The defendant however, has reasons to waive his rights to a preliminary hearing and go straight to trial.

In case like this, where a prosecutor wants to have a hearing to see what a witness will say before going to trial, and a defendant wants to waive his rights to the hearing and skip it, who has the final say?  The prosecutor or the defense?

Thank you very much for the information.  I really appreciate it.


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