Legal Question in Criminal Law in Colorado

Re: Misdemeanor theft charge in Colorado

If she has a good defense, you will want to try it. If not, the dda will offer a plea, no jail, probation. Don't take it. If you push, you will get a deferred. That will keep the charge off her record - after the deferred period runs. She can then seal the record, if she does not waive that right (which she will if she doesn't read ALL the fine print). Get her a lawyer - so this charge can be handled properly.

Re: Misdemeanor theft charge in Colorado

You said she pleaded not guilty, yet she paid back the money, so I'll assume she is guilty. So will the district attorney, whom I'll further assume is the "court attorney" with whom she'll meet on the 25th. But if the employer does not wish to press charges (it's not up to them, by the way -- the DA files the charges), they'll likely make a poor witness for the prosecution.

That means it's possible the DA will drop the charge altogether (if she has no priors), or at the least be willing to drop the charge in exchange for a guilty plea to a lesser offense. If the latter, be sure she secures a deferred adjudication, which means if she violates no state or federal laws for the period of the deferred (usually 6 or 9 months), and complies with any other requirements (usually 24-48 hours of community service; sometimes a class), at the end of that time the case will be listed as a dismissal rather than a conviction.

After that, she may even petition the district court to have the record sealed.

Good luck.

p.s. Make sure she brings the letter from her employer, to the court date. If her employer is willing to have it notarized, so much the better.