A former Oklahoma State University student charged with sexually assaulting four other students while they slept has waived his right to a preliminary hearing.

Nathan Cochran, 22, was charged with four counts of sexual battery after he was accused of fondling other male students as they slept. University officials came under fire for not reporting the alleged crimes to police, who only became aware of the criminal allegations against Cochran after they were contacted by a student reporter seeking information about the assaults.

Cochran pleaded not guilty when charged, but it is expected that he will change his plea after waiving the preliminary hearing earlier this week. An arraignment is scheduled for June 21.

What is a preliminary hearing, and why would one waive his or her right to it?

A preliminary hearing is an evidentiary hearing in which the prosecution presents its evidence against the defendant. A judge determines whether the evidence is sufficient to order the defendant to stand trial for the crime or crimes with which he has been charged. A defendant should only waive his right to a preliminary hearing after close counsel by his defense attorney.

Typically, a preliminary hearing is waived by a person who intends to plead guilty. If the defendant plans to enter a plea of guilt, there is no need to determine whether or not a trial is warranted. Furthermore, the presentation of evidence might be detrimental during the sentencing phase of a defendant who has admitted guilt or pleaded no contest.

However, there are also certain other conditions under which a defendant might waive his or her right to a preliminary hearing, maintain the not guilty plea, and still proceed with trial. These situations generally involve concerns over witness testimony and the strength of the prosecution's case. For example, if a prosecution witness would be available to testify at the preliminary hearing, but not the trial itself, a defendant might waive the preliminary hearing in order to eliminate that testimony from his or her trial.

The next court proceeding after the preliminary hearing, or following a waived preliminary hearing, is the arraignment. At the arraignment, the formal charges are read and the defendant has another opportunity to plead not guilty, guilty, or nolo contendere (no contest). If the defendant enters a plea of not guilty, the judge sets the trial date.

How to plead and whether or not to waive a preliminary hearing are serious legal matters and should only be determined after careful consideration of the case and under the advice of skilled legal counsel. 

UCN2QZC5Y347