Legal Question in Criminal Law in Colorado
If someone was arrested in the state of Colorado on prob. cause for identity theft and and also a second charge for a class 4 felony for 1000-20000 in theft resulting from using some's id, What is the maximum sentence they can recieve for each charge? The person has priors fora few similar crimes which he served 10 yrs for ( on and off 10 yrs total) in a different state, but has been jail free for the last 3 yrs., held down a corporate setting job at a worldwide company, and hasnt had trouble until this, minus a cranky neighbor filing complaints on him and his family for being over the line in a shared driveway ( case pending) Any other time he has been sentenced they have given him the maximum allowed for the crime he was charged for. Is there any hope the DA would even offer a plea bargain? He has made me Durable Power of Attorney over everything ... What rights does that give me as far as say on his house and car and what should be done with their upkeep, financial accts etc if he does get the maximum sentence and is gone for a long time ? I am not on the deed yet or the car title but we are trying to add me on. Please help =( Heartbroken
1 Answer from Attorneys
6 years on a class 4 felony, except in extraordinary circumstances, in which case it can be up to 12 years. If the person has 2 priors in the past 10 years (3x the maximum, or 18 years on an F4) or 3 in a lifetime (4x the maximum 24 years on a F4), the DA can file habitual criminal charges.
The DA will almost always offer something; it just becomes a question of how bad an offer it is.
A POA spells out exactly what powers you have.
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