I had proven at the preliminary hearing that I was not around to do this and judge decided to go ahead with the case.
At a preliminary hearing, the judge must take all evidence in the light most favorable to the prosecution. Whatever your proof is, the judge must have believed that there was some chance that a jury could believe that you could have committed the crime. Because of the standard of proof, it is very hard to win at a preliminary hearing.
Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues. You can reach Harkess & Salter LLC at (303) 531-5380.