A preliminary hearing in Colorado is a limited court proceeding available in certain felony cases. The judge does not decide whether the accused is guilty. Instead, the prosecution must show probable cause to believe that the charged offense occurred and that the accused committed it. Although that is a much lower standard than proof beyond a reasonable doubt, the hearing can give a Denver criminal defense lawyer an early opportunity
An unconstitutional search can result in drug evidence being thrown out of court entirely, and without that evidence, prosecutors in Colorado often cannot prove the case.
Both the U.S. Constitution and the Colorado Constitution protect individuals from unreasonable searches and seizures, and Colorado courts have at times interpreted the state constitution to provide broader protections than those required by federal law. At the Law Office of Kimberly Diego, our Denver
