Legal Question in Criminal Law in Colorado

grafitti

My son who is a minor was involved with 4 other people in tagging a building and a fence. The chief of police told my son that if he cleaned up what he did he would not press charges. The others involved were 18. My son was never served or summoned. The others went to court and were charged. Because they complained that my son had not been charged they now want to charge him. Can they do that?


Asked on 2/04/09, 1:34 pm

2 Answers from Attorneys
Philip Rosmarin Rosmarin Law Firm

Re: grafitti

Talk with the chief and ask him to speak with the prosecutor. It's possible they won't file, or if they have already filed, will dismiss.

Even if they won't dismiss, ask for diversion (which is outside the criminal process) based on what your son has already done (cleaned up) to recompense. It would be like asking for time already served as a sentence.

If your son has no previous record, the prosecutor should be willing to do that.

Good luck.

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Answered on 2/04/09, 1:55 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: grafitti

In answer: "they" can, but "they cannot".

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Answered on 2/04/09, 5:04 pm


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