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Legal concept

Burden of Proof

The DA's obligation to prove the case against you; failure to meet this burden can result in dismissal.

What Right Law Group attorneys say

Now, there are some situations where judges can legally dismiss a case, if the statute of limitations was violated, or a DA has failed to meet their burden of proving the case against you, for the Miss targett. Those are ways of the judge can dismiss the case. But generally speaking, you can't say have a domestic violence case where yourself didn't want to call the cop doesn't want to press charges, but the state is still coming at you.
Alexis Austin Litle · Can't The Judge Just Dismiss My Case? // Right Law GroupWatch clip ↗
Now, there are some situations where judges can legally dismiss a case, if the statute of limitations was violated, or a DA has failed to meet their burden of proving the case against you
Alexis Austin Litle · Can't The Judge Just Dismiss My Case? // Right Law GroupWatch clip ↗
I went to court for the civil protection order hearing, and I showed the judge because the burden of proof is lower in a civil protection order hearing as to whether or not they grant that permanent order. I showed the judge all the ways this other person's story did not make sense. It didn't hold up. And I pointed out all the holes in their credibility and the flat out lies.
Alexis Austin Litle · Right Law Group's Criminal Defense Attorney, Alexis Austin, Explains DV Protection OrdersWatch clip ↗
At that civil protection order hearing the judge said, that they were not going to grant the civil protection order to be made permanent because there was not sufficient evidence to substantiate that charge. Now, this is interesting for my client because the burden of proof in a civil protection order hearing is that the judge has to find by a preponderance of the evidence that the issues surrounding the need for the protection order, so usually it's a specific incident, and in this case it was a specific incident alleged, that this incident gave rise to the need for a permanent protection order to be granted.
Alexis Austin Litle · Right Law Group's Criminal Defense Attorney, Alexis Austin, Explains DV Protection OrdersWatch 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 ↗
the other thing to be aware of and this is the most dangerous and most scary portion of probation is you don't have the same rights when you're on probation as you do before you're sentenced so for example if the probation officer says well i don't think they're going to comply with probation i think they deserve jail time you don't get to go to trial it's just a revocation hearing and a revocation hearing burden of proof is much lower than trial it's in front of a judge and basically it's your word against probations
Alexis Austin Litle · RLG Live | Probation + Therapy in Criminal/Traffic Cases // Right Law Group #coloradoWatch clip ↗
View all 8 clips ›

Frequently asked questions

5 Possible Defenses for a Domestic Violence Case

Right Law Group's guide explains: "When emotions run high in an altercation between spouses or relatives, things can quickly escalate into a domestic violence charge ."

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5 Strong Defenses Against Domestic Violence Charges

Right Law Group's guide explains: "The state of Colorado takes domestic violence cases very seriously, and even the most minor disputes often result in charges that may leave a lifelong impact on someone."

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6 steps to defend yourself against a false allegation at work

Right Law Group's guide explains: "When accusations come flying out of left field – it shakes you up, hard. Maybe a store clerk wrongly pegs you for shoplifting."

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After jury instructions are read, then the final opportunity comes for attorneys to make final statements.

Alexis explains: "After jury instructions are read, then the final opportunity comes for attorneys to make final statements. Otherwise known as closing arguments. The district attorney will get up they make their closing argument and then we have our chance to make our closing argument. Since the presumption and the burden of proof is on the DA, they then get the chance to make what's called a rebuttal closing. This is where it's slightly unfair and frustrating for us because the DA gets the chance to talk again."

Answered by Alexis Austin Litle · Watch clip
At that civil protection order hearing the judge said, that they were not going to grant the civil protection order to b...

Alexis explains: "At that civil protection order hearing the judge said, that they were not going to grant the civil protection order to be made permanent because there was not sufficient evidence to substantiate that charge. Now, this is interesting for my client because the burden of proof in a civil protection order hearing is that the judge has to find by a preponderance of the evidence that the issues surrounding the need for the protection order, so usually it's a specific incident, and in this case it was a specific incident alleged, that this incident gave rise to the need for a permanent protection order to be granted."

Answered by Alexis Austin Litle · Watch clip
Attempted Murder Lawyer

Right Law Group's guide explains: "” Your mind races, thinking this must be some mistake. But as officers put you in handcuffs and recite your Miranda rights, reality sets in – you’ve been arrested for attempted murder."

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Credit Card Fraud Lawyer

Right Law Group's guide explains: "With Right Law Group, You’re Not Fighting This Alone Let’s be real: facing criminal fraud charges is scary. The legalese, the looming court dates, the possibility of jail time… it’s enough to make anyone feel powerless."

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County Court

Right Law Group's guide explains: "Colorado Springs County Court | Need To Know Before You Go or Charged in CO? If you are charged with a misdemeanor, receive a traffic ticket , or are involved in a lawsuit, you may have to appear at the Colorado Springs County Court."

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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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I went to court for the civil protection order hearing, and I showed the judge because the burden of proof is lower in a...

Alexis explains: "I went to court for the civil protection order hearing, and I showed the judge because the burden of proof is lower in a civil protection order hearing as to whether or not they grant that permanent order. I showed the judge all the ways this other person's story did not make sense. It didn't hold up. And I pointed out all the holes in their credibility and the flat out lies."

Answered by Alexis Austin Litle · Watch clip
Murder Lawyer

Right Law Group's guide explains: "If you’re facing allegations of attempted murder in Colorado Springs, every second matters. These vicious charges can steal your future in the blink of an eye without skilled defense attorneys battling for your rights."

Source · Read guide
Now, there are some situations where judges can legally dismiss a case, if the statute of limitations was violated, or a...

Alexis explains: "Now, there are some situations where judges can legally dismiss a case, if the statute of limitations was violated, or a DA has failed to meet their burden of proving the case against you, for the Miss targett. Those are ways of the judge can dismiss the case. But generally speaking, you can't say have a domestic violence case where yourself didn't want to call the cop doesn't want to press charges, but the state is still coming at you."

Answered by Alexis Austin Litle · Watch clip
the other thing to be aware of and this is the most dangerous and most scary portion of probation is you don't have the...

Alexis explains: "the other thing to be aware of and this is the most dangerous and most scary portion of probation is you don't have the same rights when you're on probation as you do before you're sentenced so for example if the probation officer says well i don't think they're going to comply with probation i think they deserve jail time you don't get to go to trial it's just a revocation hearing and a revocation hearing burden of proof is much lower than trial it's in front of a judge and basically it's your word against probations"

Answered by Alexis Austin Litle · Watch clip
They get to get up and rebut whatever we say.

Alexis explains: "They get to get up and rebut whatever we say. And it's because the burden of proof is on them. So just be aware, if you're sitting there with your attorney and then the DA gets to talk again, we don't get to talk again. We get one shot at the apple. But, as long as you have a good attorney, one shot is all you need."

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."

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Each answer links directly to the source where a Right Law Group attorney addressed this question.

16 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
View all testimonials ›

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