Legal Question in Criminal Law in Colorado

My 15 year old son was arrested for what the police called breaking into cars. Him and a friend of his were checking car doors at a local movie theatre. they were stopped by police on the 2nd car they checked they never entered anyones car, the police issued a trespassing ticket and called me and I picked my son up at the police dept. His court date is in July. I received a call from a detective today and he told me I needed to bring my son to the police dept so he can question hime about some other break ins that happened with a complete different way of break in then what my Son was doing. He said he doesnt suspect my son of these other break ins but wants to see if my Son knows anything or anyone that is doing this.

Before we hung up the Detective told me the officer that night messed up really really bad by writing a trespassing ticket and that ticket was going to be voided and a new ticket will be issued....My Question is Can they do that, void a charge and make a new charge? Thanks for taking the time to read this...


Asked on 6/07/10, 4:17 pm

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Jeopardy has not yet attached on the trespass charge (it attaches at trial). For that reason, charges can be changed at this time. Do not talk with police without counsel. They will use any statements made, twist any statements made, in order to convict your son.

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Answered on 6/08/10, 10:12 am


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