Legal Question in Criminal Law in Colorado

Criminal Mischief

5 youths, (13,13,18,20,19) with intent and premeditation damaged our home. Our cars and roof were damaged. Called the police, officer told one family if they provide restitution to areas effected than we would not proceed with criminal charges. One of the families (brother) owns a car dealership and restored cars. Roof cost to repare is $3500. They are refusing to pay. We would like to now press criminal charges because they did not hold up to the agreement. Officer now tells us that since they got the cars fixed we have no Criminal standing with them that it is now a civil matter. Is this true??? Criminal Mischief over $500 is a class 3 felony.


Asked on 7/01/06, 2:27 pm

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Criminal Mischief

Here, I would expect the juvies got diversion with restitution/clean up a condition of diversion. For the adults, charge them, make them plead guilty, give them a deferred with restitution/clean up a condition of probation.

That's how it should have been done. If so, arrest warrants could be issued for all 5, if any condition of the repair/restitution was not met.

If the whole thing is over, and the cops were allowed to drop the case without taken any action, you are unable to collect from the defendants. You could sue the cops for stupidity, but there's liile money to be had that way. If any of the defendants signed a paper (a contract) saying the would do this, you may have a breach contract. -Dan

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Answered on 7/02/06, 2:41 pm


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