Legal Question in Criminal Law in Colorado

I'm currently being charged with burglary and theft of $2000 to $5000. The case is going to preliminary next week. The prosecution's case is based solely on 2 witnesses who claimed I told them I stole these items from an acquaintance of theirs and pawned them at a local pawn shop.There is no physical evidence to link me to the items that were stolen; no fingerprints in the dwelling, no eyewitness, no records at any local pawn shops. On top of it, the days that are listed that I allegedly had contact with them and told them this I was with my girlfriend and her parents staying at their place. I had absolutely no contact with this couple at all during the times listed. My public defender told me that it would be highly unlikely that the case would be dismissed but the couple that claim I told them this is only doing it because I cleaned up my life and stopped hanging out with them and now I spend my time with my girlfriend and her parents who are hated by the couple in question. The couple lied to the officers by giving a different physical address for each of them because she's on section 8 housing and he wasn't supposed to be living there so he moved out temporarily but is now moved back in. Does the prosecution have case?


Asked on 8/28/14, 8:16 pm

1 Answer from Attorneys
Damon Cassens Waters, Kubik, and Cassens

They can probably get by the preliminary hearing standard.

While it sounds like a weak case based on your recitation of the facts, whether or not a jury believes your alibi is up to the jury and how credible the various witnesses, including you if you testify, come across.

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Answered on 8/29/14, 6:47 am


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