A preliminary hearing is one of the most misunderstood stages of a felony case. It is also one of the most important.
The Prosecution Does Not Have an Unlimited Right to Charge
Prosecutors have broad discretion to bring charges as long as some evidence exists and probable cause supports them. That discretion is not unchecked. In the most serious felony cases, and when a person is being held in custody on a felony, the court can test whether that discretion is being abused.
That test is the preliminary hearing.
What the Standard Actually Is
The bar is low. All evidence is viewed in the light most favorable to the prosecution. They only have to prove by a preponderance of the evidence that probable cause exists.
Low bar does not mean no opportunity.
What a Preliminary Hearing Does for the Defense
The hearing lets defense attorneys challenge the charges, show the DA where the case is weak, lock in officer testimony on the record, and put the prosecution on notice that the defense is going to fight. That last part matters. Prosecutors pay attention to which attorneys fight and which ones fold. Showing up prepared and putting evidence on the record changes how the other side calculates risk for the rest of the case.
The Plea Offer Question
Prosecutors often extend a plea offer in exchange for waiving the preliminary hearing. Whether to take it is case-specific. The decision comes down to whether holding the prosecution accountable at the hearing is worth more than what is on the table. That calculation belongs to you and your attorney, with full information about what the hearing can accomplish.
What This Means for Your Case
If you are facing a serious felony in Colorado, the preliminary hearing may be your best early opportunity. The question is whether you have an attorney who knows how to use it.
Get an attorney involved before your first court date, not after. Early involvement means more options. Options are everything in a felony case.
Krizman Law handles Denver criminal defense. Free consultation. Call or text us.
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