Legal Question in Criminal Law in Colorado
If the defendant (me) does not waive the right to the preliminary hearing,
will I still have a chance to plea bargain.
1 Answer from Attorneys
Maybe, maybe not. Most often the District Attorney will inform the court that all offers are being withdrawn. Also, the DA will inform the defense, you or your attorney if you have one, that no further negotiations will take place if they are forced to do a preliminary hearing.
The DA feels that if you are going to make them work and take a shot at dismissal at the preliminary hearing they no longer will negotiate if the case moves past this hearing.
However, on occasion they will still continue to negotiate.
The only time you have a right to a preliminary hearing is if it is a very serious felony, Felony 1, 2 or 3, or a felony that requires mandatory prison time. If you are unable to hire an attorney seek free counsel through the public defender's office.
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