Legal Question in Criminal Law in Colorado
I know someone who was arrested and just had his first court appearance. Everyone I know wants to believe this individual is innocent. In court, his attorney waived his right to having a preliminary hearing within 35 days but maintained his right to having a preliminary hearing. The judge also set a date for a disposition hearing.
Are there reasons someone who is innocent would waive their preliminary hearing?
Asked on 10/15/16, 2:06 am
1 Answer from Attorneys
Stephen Harkess
Colorado Legal Solutions
Yes. The decision not to seek a preliminary hearing within 35 days has nothing to do with guilt or innocence and often a preliminary hearing isn't worth having given that often the only person testifying is a police officer and the judge is bound to accept all evidence in the light most favorable to the prosecution.
Answered on 10/15/16, 9:51 pm
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