The higher standard of proof required at a jury trial, not required at a preliminary hearing.
“Now, in this preliminary hearing, the DEA has to prove that they have probable cause for the charges. The rules are more relaxed in a preliminary hearing, though, than at a jury trial. So the DA does not have to prove beyond a reasonable doubt that you're guilty of them, they just have to prove that they have enough evidence and probable cause to charge you.”
“So the DA does not have to prove beyond a reasonable doubt that you're guilty of them, they just have to prove that they have enough evidence and probable cause to charge you.”
“one of the more common defenses that we see though is the defense of self-defense and self-defense is an especially strong defense in domestic violence cases because it's what we call an affirmative defense an affirmative defense means the district attorney has to prove elements against a defendant so they have to prove every single element beyond a reasonable doubt in order to get a conviction at a jury trial within a an affirmative defense it raises the bar or raises the standard for the district attorney so not only does the district attorney have to prove every single element of the offense but they also have to disprove the act of self-defense”
“self-defense is an especially strong defense in domestic violence cases because it's what we call an affirmative defense an affirmative defense means the district attorney has to prove elements against a defendant so they have to prove every single element beyond a reasonable doubt in order to get a conviction at a jury trial within a an affirmative defense it raises the bar or raises the standard for the district attorney so not only does the district attorney have to prove every single element of the offense but they also have to disprove the act of self-defense”
“So, legally, I know I'm throwing a bunch of legal jargon out at you, but legally what that means is a preponderance of evidence level is about here. And then for reasonable doubt which is what everyone knows as the criminal standard beyond a reasonable doubt is what you need to prove someone is guilty of a crime before a jury can convict them. Beyond a reasonable doubt is here. So, in essence, what happened is a civil judge said, you're not even to this threshold which then gives me the leverage when we go to court on the next date to tell the DA, it wasn't even found at this level.”
“When you have your jury selected then you have opening statements. Each attorney gets to get up and make opening statements. The DA always gets to go first, then the defense attorney. Then you have the presentation of evidence. It's the DA's job to present all the evidence they think they need to prove the charges beyond a reasonable doubt. And this is where it's very, very important that your attorney is paying attention and listening. Because there are specific elements that the DA's have to prove in order to get over what I call halftime.”
Right Law Group's guide explains: "18-4-202. First degree burglary. Colorado Statute CRS 18-4-202, known as first-degree burglary, is a Class 3 felony offense punishable by up to 12 years in prison and/or up to $750,000 in fines."
Source · Read guide ↗Right Law Group's guide explains: "It is a Class 5 felony and is punishable by up to three years in prison and $100,000 in fines. Rev. Stat. § § 18-4-202, 18-4-203, 18-4-204, 18-4-205."
Source · Read guide ↗Right Law Group's guide explains: "It is a Class 5 felony and is punishable by up to three years in prison and $100,000 in fines. If the District Attorney cannot prove that a person knowingly possessed the tools with the intent to forcibly enter a dwelling, they can still charge a Class 2 misdemeanor for simply possessing the tools."
Source · Read guide ↗Right Law Group's guide explains: "It is defined as unlawfully entering or remaining upon another person’s premises and can be enhanced if trespassing occurred on agricultural land."
Source · Read guide ↗Right Law Group's guide explains: "42-4-1305. 5. Colorado Open marijuana container - motor vehicle - prohibited. Colorado Open marijuana container - motor vehicle - prohibited."
Source · Read guide ↗Right Law Group's guide explains: "It’s a common misconception that victims of domestic violence can simply drop the charges against their alleged abusers."
Source · Read guide ↗Right Law Group's guide explains: "Imagine hearing “Guilty” and the judge sentencing you to decades in prison for kidnapping. Your dreams, family, career – gone."
Source · Read guide ↗Right Law Group's guide explains: "Criminal procedure in Colorado can be complicated and incredibly difficult to manage on your own. People will say that it is our actions that define us, but the fact of the matter is, that’s only partially true."
Source · Read guide ↗Right Law Group's guide explains: "Imagine police knocking at your door, claiming to have discovered drugs on the property. Before you know it, an officer states, “You’re under arrest for possession."
Source · Read guide ↗Right Law Group's guide explains: "If you are navigating the legal system and facing criminal charges , you may find yourself overwhelmed by the process. There can be many steps involved, and each stage comes with its own expectations, rules, and responsibilities."
Source · Read guide ↗Alexis explains: "it is your attorney's job to stand up and make a motion for what's called a judgment of acquittal."
Answered by Alexis Austin Litle · Watch clip ↗Alexis explains: "Now, in this preliminary hearing, the DEA has to prove that they have probable cause for the charges. The rules are more relaxed in a preliminary hearing, though, than at a jury trial. So the DA does not have to prove beyond a reasonable doubt that you're guilty of them, they just have to prove that they have enough evidence and probable cause to charge you."
Answered by Alexis Austin Litle · Watch clip ↗Alexis explains: "one of the more common defenses that we see though is the defense of self-defense and self-defense is an especially strong defense in domestic violence cases because it's what we call an affirmative defense an affirmative defense means the district attorney has to prove elements against a defendant so they have to prove every single element beyond a reasonable doubt in order to get a conviction at a jury trial within a an affirmative defense it raises the bar or raises the standard for the district attorney so not only does the district attorney have to prove every single element of the offense but they also have to disprove the act of self-defense"
Answered by Alexis Austin Litle · Watch clip ↗Right Law Group's guide explains: "Are you in a tough spot right now, facing domestic violence charges that could potentially harm your relationship with your kids?"
Source · Read guide ↗Alexis explains: "self-defense is an especially strong defense in domestic violence cases because it's what we call an affirmative defense an affirmative defense means the district attorney has to prove elements against a defendant so they have to prove every single element beyond a reasonable doubt in order to get a conviction at a jury trial within a an affirmative defense it raises the bar or raises the standard for the district attorney so not only does the district attorney have to prove every single element of the offense but they also have to disprove the act of self-defense"
Answered by Alexis Austin Litle · Watch clip ↗Alexis explains: "So the DA does not have to prove beyond a reasonable doubt that you're guilty of them, they just have to prove that they have enough evidence and probable cause to charge you."
Answered by Alexis Austin Litle · Watch clip ↗Alexis explains: "So they'll present their entire case. They lay it all out and then they're done and they rest. You'll see this in movies where its says the people rest At that point in time, if the DA has failed to prove all of the information necessary to potentially have a jury find you guilty beyond a reasonable doubt, it is your attorney's job to stand up and make a motion for what's called a judgment of acquittal. Now, it's not always necessary, so if the DA has proven everything beyond a reasonable doubt potentially, then you don't need to make this motion. But if they're missing something the defense attorney should get up and ask for a judgment of acquittal."
Answered by Alexis Austin Litle · Watch clip ↗Right Law Group's guide explains: "Understanding the DUI Trial Process: What to Expect Your Guide to Surviving Arrest In Colorado After working with your criminal defense attorney for weeks, or even months, following your arrest, a criminal trial will be the next step in the process."
Source · Read guide ↗Right Law Group's guide explains: "You’re facing some serious charges, and you might be wondering how the prosecution plans to prove their case against you."
Source · Read guide ↗Alexis explains: "When you have your jury selected then you have opening statements. Each attorney gets to get up and make opening statements. The DA always gets to go first, then the defense attorney. Then you have the presentation of evidence. It's the DA's job to present all the evidence they think they need to prove the charges beyond a reasonable doubt. And this is where it's very, very important that your attorney is paying attention and listening. Because there are specific elements that the DA's have to prove in order to get over what I call halftime."
Answered by Alexis Austin Litle · Watch clip ↗Each answer links directly to the source where a Right Law Group attorney addressed this question.
20 answers grounded in Right Law Group sources
Got into a DV case because of an ex I let back in the home and made my life very hard
he fought hard for me
they dismissed the whole case
their belief of my side and story and their knowledge in the legal system they were able to get my case dismissed
get my case dismissed