Legal Question in Criminal Law in Colorado

Re: Plea bargining felony theft

You or your attorney may certainly bargain for a deferred sentence, but be aware that this means that you plead guilty to a charge, and if you violate even a single condition of the deferred, you are subject to the full penalty of the original charge and the conviction. Also be sure of what you are signing; prosecutors often, particularly with a felony charge, include a waiver of your right to seal the charge after successful completion of your deferred.

That being said about pleading guilty with a deferred sentence, what's with "I cannot prove that the items were paid for"? You don't have to prove a thing; the prosecutor has to prove beyond a reasonable doubt that you stole. Whether you did it or not, that's the prosecutor's burden, not yours.

And if you didn't do it, or if your attorney thinks the prosecutor can't prove you did it, you've always got a better chance pleading not guilty, especially with a jury. Look at O.J. Did he do it? Of course he did it. Did they prove it? Not to the jury.