What is a preliminary demand hearing?
A preliminary hearing is one of the earliest stages in California’s pretrial criminal court process. It is a special proceeding, held before a judge or magistrate, to determine if there is enough evidence to “hold you to answer” for a trial as to the charges.
What is a preliminary hearing in Colorado?
Preliminary Hearing Process ColoradoIntroduction – Preliminary hearings are a critical stage in Colorado felony cases. They provide the criminal defense lawyer with an opportunity to exercise some of the only leverage the Defendant has during the prosecution of a case.
What usually happens at a preliminary hearing?
The preliminary hearing is like a mini-trial. The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses. If the judge concludes there is probable cause to believe the crime was committed by the defendant, a trial will soon be scheduled.
Is a preliminary hearing good or bad?
From a strategic standpoint, the Preliminary Hearing is a very important event for the defense. It is typically your attorney’s first opportunity to meet with police and prosecutors to discuss your case and get a better understanding of what the prosecution is thinking in terms of resolving a case.
What is the primary purpose of the preliminary hearing?
During a preliminary hearing, the prosecutor presents evidence (which can be witnesses, documents and physical evidence) that the defendant committed the charged crimes. The purpose of a preliminary hearing is for the judge to determine if there is sufficient evidence to bind the defendant over to stand trial.
What happens at a preliminary hearing Colorado?
A preliminary hearing is held before a judge of the Colorado County Court where the felony complaint has been filed. During the preliminary hearing, the prosecutor has to show probable cause to continue with the legal proceedings against the defendant. The rules of evidence may be more relaxed at a preliminary hearing.
What happens in a motions hearing?
A motion hearing is a hearing that is held in front of the judge after one of the lawyers in the case has filed a written request for the judge to do something. At the hearing, the lawyers will orally argue for or against the request, and in some cases, testimony will be taken regarding the issue.
What evidence is needed at the preliminary hearing?
Who attends a preliminary hearing?
Who needs to attend? Other than in exceptional cases, the representatives from both parties must be in attendance at a preliminary hearing. Where the Tribunal need to decide a preliminary issue, witnesses may also need to attend.
Why you should never waive a preliminary hearing?
avoid preserving witness testimony that could later be used at trial, prevent evidence that might affect bail status, prevent the prosecutor from adding new charges or conduct enhancements.
Can the defense call witnesses at a preliminary hearing?
During the preliminary hearing, the prosecutor will present witnesses and evidence. The defendant would have an opportunity to cross-examine the prosecution’s witnesses and challenge the admissibility of evidence. The defense can call witnesses of its own and the defendant would have an opportunity to testify as well.
What happens during a preliminary hearing in Colorado?
The reasoning is that the grand jury has determined there is enough evidence to indict the defendant. A grand jury, made up of individuals from the public, decides whether probable cause exists to believe the individual may be guilty of the charged crimes. 3. What Happens During a Preliminary Hearing?
What are the rules of Criminal Procedure in Colorado?
According to the Colorado Rules of Criminal Procedure, “every person accused of a class 1, 2, or 3 felony has the right to demand and receive a preliminary hearing to determine whether probable cause exists to believe that the offense charged in the felony complaint was committed by the defendant.” 1
When do felons have a right to a preliminary hearing?
Individuals charged with class 4, 5, or 6 felonies may also have the right to a preliminary hearing if the crime requires mandatory sentencing, or is a crime of violence or sexual offense. Other class 4, 5, or 6 felonies may also have the right to a preliminary hearing if they are in police custody.