What is the Significance of Factual Findings in a Criminal Case?

There are a myriad of legal issues present in any given case, one of the little known areas of fruitful discussion is that of the importance of factual findings in a criminal defense case.  If the Court in a criminal case made factual findings regarding the evidence presented at the preliminary hearing, for example,  which are binding on the prosecution and bar them from including charges in the information that were rejected by the magistrate that heard the evidence and evaluated witness testimony at the preliminary hearing.  Indeed, the credibility of a witness is a question of fact for the magistrate. A reviewing criminal court will not substitute its judgment for that of the magistrate on a finding of fact. The district attorney may not include in the information any charges that were rejected at the preliminary hearing if the magistrate has made factual findings inconsistent with the rejected charges. The magistrate’s power to make factual  findings controls the ultimate disposition of the charges filed in the case.  The prosecution must show that the defendant had the specific intent to promote, further, or assist in any criminal conduct by gang members. When the prosecution had not proven the elements of the offense, despite that finding the prosecution has re-alleged those allegations in the information. Based on the foregoing, it is always advisable to ask the judge or Court to make factual findings after a preliminary hearing where the judge threw out charges.

One Response to What is the Significance of Factual Findings in a Criminal Case?

  1. Wendy Bowman says:

    my son is serving 29 yr sentence (plea bargain) his co defendant lied for a 5 yr sentence.stating my son was in a gang and the shooting was gang ordered.the truth is the so called victim is a rapist and he rapesd me and 2 other women that i know of.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: