December 16, 2009
Colorado Supreme Court 11-9-09
People v. Nichelson Preliminary Hearings / District Court Authority to Restore Preliminary Hearing
Mr. Nichelson waived his preliminary hearing based upon a supposedly false assumption or miscommunication with his lawyer (i.e. the DA reneged on the deal and claimed it was always a different offer - that is just me assuming). Once in District Court, Mr. Nichelson wanted his prelim back because he did not waive for the offer the DA now claims was always the offer on the table. The District Court found it did not have the authority to restore Mr. Nichelson's preliminary hearing. The Colorado Supreme Court reversed, and held the District Court does have the authority to restore a person's preliminary hearing if the waiver was based upon faulty premise such as miscommunication of the offer from the lawyer.