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A person was jailed for 2nd degree burglary, giving false info to a pawn broker, and theft. this person remains in jail

Wheat Ridge, CO |

This person has earlier conviction for shoplifting. What can be expected at the preliminary hearing

Attorney Answers 3

Posted

If they're prelim eligible, you can expect the defense attorney to pepper the police detective with many questions as to both 1) the veracity of his report and 2) depth of his investigation. The key to a good prelim is to plant seeds of doubt in front of the judge so that the criminal allegations don't rise to the level of probable cause. Thus, the case will be dismissed. Good luck, John.

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Posted

The preliminary hearing will just likely have the lead detective testify to a bunch of hearsay to establish the minimum requirements to show that the person is correctly charged with 2nd degree burglary and giving false information to a pawnbroker (the felonies). I don't know if the theft is a felony or not. Most preliminary hearings are cake walks for the prosecution and very few cases do not make it through the PH stage. This person definitely needs an attorney, if he does not already have one. This case could easily be plea bargained down to much lesser charges.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

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Posted

The previous answer is correct but that's only the case if it goes to hearing. Most cases do not because doing so only hurts the person's case, gives the DA a chance to see how their witnesses testify in advance, and will result in the same ruling from the judge 99.99% of the time. If this person's attorney advises him to waive the prelim, this person probably should.

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