Legal Question in Criminal Law in Colorado

Civil Theft vs. Criminal Theft.

My boyfriend admits to taking about $10,000 worth of my store merchandise. The D.A. refused to prosecute because he lived with me and said I have to sue him in civil court.

If I win - could he be charged criminally?

Can you cite the legal reasons for the D.A.'s decision - I can't find any. He lived with me for less than a year and all of the property he took was purchased years before we got together.


Asked on 11/11/07, 3:34 pm

1 Answer from Attorneys
Philip Rosmarin Rosmarin Law Firm

Re: Civil Theft vs. Criminal Theft.

The civil judgment does not affect the criminal process; think O.J. Simpson. The most likely legal reason the DA refused to prosecute was because he or she did not feel there was evidence to prove beyond a reasonable doubt that your boyfriend committed a crime. While admitting to you that he stole, I have real trouble believing he admitted that to the non-charging DA. Without a good faith belief that the case could be proved beyond a reasonable doubt, ethically a DA simply cannot proceed. The standard of proof in a civil case is much lower -- just that it is more likely than not that the theft occurred.

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Answered on 11/12/07, 4:19 pm


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