QUESTION

Is it true that you must be given a preliminary hearing within 60 days of your arrest while being held or charges get dismissed?

Asked on Sep 10th, 2013 on Criminal Law - Colorado
More details to this question:
Is it true that you must be provided a preliminary hearing within 60 days of your arrest while being detained or the charges will be dismissed? And if that is the case, my husband's had several "prelim hearings" they keep being continued, but this next court date on the 16th will be 60 days and he has been told by others that they must dismiss the charges if he does not have a preliminary hearing within 60 days. Also, they have yet to provide the recording they supposedly have for evidence to his lawyer and it's been 3 weeks. His lawyer filed a motion to compel at the last court date. It's been a week since that happened and after this week it will be court. How likely is it that they don't actually have a recording of his confession? My aunt said they will not dismiss the charges because he is looking at 25-Life. Please help me understand what is going on.
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4 ANSWERS

The court will not continue a preliminary hearing past the sixty days unless the defendant has waved time. Your husband has an attorney and you should direct your questions to him. It would be unethical for me to comment on an other attorney's case.
Answered on Sep 11th, 2013 at 4:00 PM

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Criminal Law Attorney serving Oakland, CA at Law Office of Jared C. Winter
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Why don't you ask this question to his lawyer?
Answered on Sep 11th, 2013 at 12:11 PM

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Federal Criminal Law Attorney serving Fresno, CA at Mark A. Broughton, PC
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This is a very complicated question to answer, especially without a full understanding of the facts and circumstances. The basic answer is yes, a prelim must be had within 60 days of the filing of the complaint (or arraignment). There is also a 10 day rule. When the prelim is continued (very often) beyond 10 days or 60 days, a time waiver must be taken. Most of the time - especially in a serious case - a general waiver is taken, meaning that the defendant waives both the 10 and 60 day rule. Then, the prelim is/can be set beyond 60 days. Even if the case must be dismissed for exceeding these limits, the DA can simply file it again and the case starts over; it does not mean the case just goes away. As to your discovery question, the law is complex as to the accused's right to discovery before the prelim. The attorneys usually try to work it out informally, but when a motion is filed these issues come before the court. In this situation, a qualified criminal defense attorney is needed.
Answered on Sep 11th, 2013 at 11:21 AM

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Criminal Law Attorney serving Boulder, CO
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Failure to conduct a PH within a reasonable time can result in release from jail. But, if the Defense requests the continuance or the defendant waives the requirement that the PH be conducted within a certain time period, then no sanction will be given. It sounds like the lawyer wants more time to get the right information to best deal with the case. In that situation, they would agree to waive the time frame rule.
Answered on Sep 11th, 2013 at 11:19 AM

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