I came across an article last week about a preliminary hearing in a Sexual Assault case, and it provides an excellent opportunity to learn more about the standard of evidence in both a preliminary hearing and a jury trial in Weld, Morgan, and Logan County. The article I read was titled: “No Witnesses or Arguments at Air Force Academy Sexual Assault Hearing.” Let’s take a look at why it’s acceptable to have no more witnesses or arguments for a preliminary hearing.
No Arguments or Witnesses for Preliminary Hearing in Weld County
According to the news, an Air Force Academy cadet was charged with Sexual Assault after allegedly fondling a female cadet. The hearing in question was the preliminary hearing – where evidence is shared and the judge decides whether or not there is enough evidence to continue to trial (or in this case, court-martial). During this particular preliminary hearing, the prosecution didn’t call any witnesses, and presented no arguments. Instead, they simply relied on paperwork from the investigation, and a pair of video recordings.
Prosecution Has the Burden of Proof for a Greeley Trial
In criminal cases, the prosecution has the burden of proof. This means the defendant doesn’t have to prove he or she didn’t commit a crime – the District Attorney must gather evidence and prove that a crime was committed. And, not only must they prove that a crime was committed, they must prove that it was committed “beyond a reasonable doubt.”
Have you been charged with Sexual Assault? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with Sexual Assault? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Standard of Evidence for Preliminary Hearing
The standard of proof for preliminary hearings is different from those of a jury trial. During the preliminary hearing “evidence is weight in the light most favorable to the prosecution.” The judge is only looking for probable cause that the defendant committed an offense. In other words, the judge simply needs to determine if there is enough evidence to support a finding of guilt.
Why You Need the Best Criminal Defense Lawyer
The criminal justice system is complex. There are standards of evidence, hearings, and many aspects of your case to consider. It is especially crucial to have the representation of an experienced criminal defense attorney if you have been accused of a serious felony offense, like a Sexual Assault. There is a lot at stake in sex offense cases. The insight and wisdom of a lawyer from the O’Malley Law Office is priceless as you fight to protect your future.
If you or a loved one has been accused of a felony criminal offense, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 970-616-6009. Together, we can protect your future.
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