Legal Question in Criminal Law in Colorado

My girl got a theft charge when she was 17 (3 years ago) went to court paid fines went to theft class charges drop after that . One year ago she got pulled over and she had a warrant now it says she got theft charges on her record saying she got theft charge on the day she got arrested for the warrent why is that .


Asked on 7/11/12, 4:08 pm

1 Answer from Attorneys

Jason Savela The Savela Law Firm, PC

not sure I understand this question, but . . .

if her deal was to complete a class and pay fines and then the charge would be dismissed, this is called a deferred sentence. a person admits to the crime but is never sentenced if they follow the conditions of the agreement.

if the court did not get proof of the class or some other condition was not completed, then the prosecutor files a motion to revoke the deferred sentence. the court would attempt to contact the person, but at some point would issue a warrant if no contact. this could account for the warrant

if that happened, then the deferred was not completed and the charge never dismissed

if there was a failure to appear warrant for the theft charge, that would likely have its date as either the day she missed court or the day of the warrant execution (arrest for warrant)

at the end of a successfully completed deferred sentence, the guilty plea is withdrawn and the case dismissed. BUT, the fact of the arrested for theft does not leave a person's records unless a court grants a seal petition. it will not show a conviction for theft, just an arrest and that it was dismissed

I hope this helps, but I am still not sure I understand the question

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Answered on 7/11/12, 5:24 pm


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