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Legal concept

Beyond a Reasonable Doubt

The higher standard of proof required at a jury trial, not required at a preliminary hearing.

What Right Law Group attorneys say

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.
Alexis Austin Litle · What Is A Preliminary Hearing // Right Law GroupWatch clip ↗
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.
Alexis Austin Litle · What Is A Preliminary Hearing // Right Law GroupWatch clip ↗
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
Alexis Austin Litle · Common Defenses In DV Cases // Right Law Group #coloradoWatch clip ↗
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
Alexis Austin Litle · Common Defenses In DV Cases // Right Law Group #coloradoWatch clip ↗
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.
Alexis Austin Litle · Right Law Group's Criminal Defense Attorney, Alexis Austin, Explains DV Protection OrdersWatch clip ↗
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.
Alexis Austin Litle · Right Law Group's Criminal Defense Attorney, Alexis Austin, Explains the Jury Trial ProcessWatch clip ↗
View all 8 clips ›

Frequently asked questions

18-4-202. First degree burglary.

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."

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18-4-204. Third degree burglary

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."

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18-4-205. Possession of Burglary Tools

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."

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18-4-504. Third Degree Criminal Trespass – Repeal.

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."

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42-4-1305.5. Colorado Open marijuana container – motor vehicle – prohibited.

Right Law Group's guide explains: "42-4-1305. 5. Colorado Open marijuana container - motor vehicle - prohibited. Colorado Open marijuana container - motor vehicle - prohibited."

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Can the Victim Drop Domestic Violence Charges

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."

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Kidnapping Lawyer

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."

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Criminal Procedure in Colorado

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."

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Drugs Found at Home – Who Gets Charged?

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."

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Facing a Preliminary Hearing? Everything You Need To Know About Prelims

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."

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it is your attorney's job to stand up and make a motion for what's called a judgment of acquittal.

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
Now, in this preliminary hearing, the DEA has to prove that they have probable cause for the charges.

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
one of the more common defenses that we see though is the defense of self-defense and self-defense is an especially stro...

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
Properly Accounting for Domestic Violence in Child

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
self-defense is an especially strong defense in domestic violence cases because it's what we call an affirmative defense...

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
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...

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
So they'll present their entire case.

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
Trial Process

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."

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Understanding the Burden of Proof in Criminal Cases

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
When you have your jury selected then you have opening statements.

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

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What clients say

The situation

Got into a DV case because of an ex I let back in the home and made my life very hard

What changed

he fought hard for me

The result

they dismissed the whole case

Jacob D. Gannon Becker★★★★★Google verified
What changed

their belief of my side and story and their knowledge in the legal system they were able to get my case dismissed

The result

get my case dismissed

Cristina W. Zoe Levesque★★★★★Google verified
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