Legal Question in Criminal Law in Colorado

evidence

Do I have a right to know the evidence that they have against me? Such as names and what not? Can they just go on what someone said?


Asked on 11/20/08, 3:55 pm

2 Answers from Attorneys

Philip Rosmarin Rosmarin Law Firm

Re: evidence

Yes, you do, absolutely. You, or your attorney, are entitled to what is called "discovery," which is the evidence the state has. The prosecutors will present witnesses, whose names they must provide, and whom you may investigate before trial and cross-examine at trial.

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Answered on 11/20/08, 4:12 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: evidence

The state must disclose the evidence the state has against you. The disclosure comes before trial in the form of discovery.

As for "Can they just go on what someone said?", the answer is "maybe". I suggest you examine the statement, its exculpatory value, its testimonial nature, and the availability of the witness. In short, if you want to fight witness statements, you will need a lawyer.

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Answered on 11/20/08, 5:54 pm


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