However, if a defense witnesss testimony negates an element of the crime, a Colorado criminal defense attorney could recommend that they testify. Essentially, it is a preview of the States case and can be beneficial in planning your defense. The defense attorney can advise the defendant of his rights, make arguments to the court about whether the evidence is sufficient to support formal charges against the defendant, and present evidence on the defendant's behalf. Lets get started But first, watch this video which outlines the requirements of a restraining order. You may be facing a misdemeanor instead of a felony. The prosecutor presents evidence to a grand jury made up of members of the public. Request all charges be dropped due to lack of evidence The alleged victim typically needs to appear at a preliminary hearing; however, that is not always the case. If you would like to discussa pending case withformer Los Angeles Prosecutor Diana Aizmanplease10contact the Aizman Law Firmat 818-351-9555 for afree confidential consultation. District Court (with a new judge and new prosecutor) for a new arraignment on a later date. Even if it turns out the prosecution has a rock-solid case, this information is also valuable when evaluating plea offers. A It is the governments burden to show at least slight or marginal evidence that a crime was committed, and that the defendant is the one who committed it. Do Not Sell or Share My Personal Information. Prosecutors sometimes like to present their case to a grand jury rather than a judge at a preliminary hearing for a few reasons. At this juncture, your attorney may decide to request a preliminary hearing. Trial - Canadian Victims Bill of Rights Insufficient Evidence There are 3 categories of domestic violence: Simple domestic violence Aggravated domestic violence 92660 I am reading this article now because next step is to get the criminal case dismissed. You should consult an attorney for advice regarding your individual situation. Informational website and should not be construed as legal advice. The rules of evidence are typically relaxed at a preliminary hearing. In 2010 I was representing a man who was accused of violating an injunction, stalking and attempted aggravated battery with a deadly weapon by allegedly trying to run the alleged victim off the road with his car. If the victim claims the defendant severely beat him or her just minutes before police arrived but, he/she only has a small red mark on his/her cheek and no swelling or bruising or other apparent injuries.A defense attorney could argue that the victim was likely not telling the truth about the event. In order for the court to continue holding a felony defendant in custody, the court must conduct the preliminary hearing within the amount of time prescribed by state law and issue a formal charging instrument, sometimes referred to as a "criminal information." Several different types of domestic violence exist, including physical, verbal, mental and emotional, and sexual abuse. The preliminary hearing is an extremely important step in the criminal justice process, and our criminal lawyers have successfully moved for dismissal of some or all of the charges in countless cases. A Excited utterances (discussed in earlier chapters) are statements made purportedly while the declarant (absent witness) was under the stress or excitement of some traumatizing event (alleged battery). Contrary to the implications of popular TV shows, an individual accused of a crime is not arrested and tried the next dayor even the next week. After the testimonies and cross-examinations, there are three basic actions that you or your attorney can take, or motions that can be filed.
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