Adams County Defense Lawyer Explains the Rules of Evidence
After 25 years as a Colorado criminal defense lawyer in Adams County and across Colorado, I’ve met with hundreds of people in need when the government charges them with a crime. If the case heads toward trial, I inevitably get questions about bringing evidence of an accuser’s bad character. This can range from “she is a bad parent,” to “nobody likes him,” to “he cheats on his wife.” In Colorado courts, the rules of evidence are designed to keep out irrelevant evidence or unfairly prejudicial evidence. In addition to these rules, the Colorado lawmakers have made policy decisions regarding evidence in passing laws and courts make up or interpret evidence rules. It is a complicated mess in many cases, as lawyers and judges try to figure out what can come in at a trial and what cannot. Usually, it depends on the mindset as different judges interpret things differently.
Hearsay Evidence in Arapahoe County Courts – Can it Come in?
In some cases, a defense attorney can being in hearsay, but, usually, it is not supposed to. In criminal cases, the general rule is that if it helps the government, it can come in, but if it helps the defendant, it cannot. Really! Did you know that statements made by the accused which are favorable to him or her are kept out at trial, but if he or she says something harmful to themselves, it comes in? It is that bad.
Domestic Violence and Sexual Acts Prior Conduct in Jefferson County – Our Legislators’ Mess
Lawmakers should not be advancing agendas, but they do it all the time. Did you know that prior acts of an accused involving domestic violence in Jefferson County or prior sexual allegations in Lakewood are admissible AGAINST the defendant, but if the accused wants to bring them in against the accuser, they are rarely admissible? In an effort to be politically correct, Colorado’s house and senate put aside good judgment and bowed to the pressure of special interest groups. The result is a trial heavily favoring convictions.
Relevant Evidence in Court in Douglas County – Who Decides?
Most relevant evidence in Parker and Lone Tree is supposed to come in, but Colorado Rules of Evidence have been riddled with holes and exceptions to the point most everything comes in if it is against the accused. It is kept out if it favors the defense, in order to “protect” the victim. Sadly, lawmakers have made it possible for angry kids to gain revenge through false allegations to police. Wanting to avoid criticism for not supporting children, Westminster and Thornton Police believe everything they say.
Our Constitutions are Our Last Resort in Denver Courts
The last protections we enjoy when a disgruntled foster child accuses us of child abuse or sexual assault in Denver, are based in the U.S. and Colorado Constitutions. The laws passed by our state’s founders and our nation’s founders are our only real hope for a fair trial. Regrettably, the child and women’s rights political groups are slowly eating away at these rights too. Your vote at election time for men and women who support the constitution are essential.
If you have been charged or accused of a crime, contact the best criminal defense lawyers at the O’Malley Law Office today. We can be reached at 303-731-0719. Together, we can protect your future.
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