Legal Question in Criminal Law in Colorado

About a month ago I did some vandalism to several cars while blackout drunk. I talked to the owners the next day and they agreed to let me pay for it instead of getting the cops involved. Everyone went through their insurance and I paid their deductibles. Now the last person is claiming that their insurance won't pay for it and is asking for a lot more money than I have. So far I paid less than half of what they're asking. My question is this: can I still get charged and convicted if this person gets angry? I don't want to pay the rest because I think that they're trying to take advantage of the situation.


Asked on 9/24/10, 9:56 am

2 Answers from Attorneys
Jason Savela The Savela Law Firm, PC

Yes, you can still get charged. The question is whether it is a felony or misdemeanor. Unless you entered a car, it is only a felony if damage is over 1000. Likely, they can aggregate the damage if cops find out about all cars.

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Answered on 9/29/10, 11:48 am
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

There is a rule in civil cases that an attorney cannot threaten criminal prosecution in order to reach settlement. Unfortunately, you are dealing with a private individual, not an attorney. Private individuals are not bound by the same ethical rules. Think about that the next time someone attacks the ethics of lawyers. And yes, you can still be charged.

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Answered on 9/30/10, 7:04 am


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