Legal Question in Criminal Law in Colorado

Re: Shoplifting in Colorado

yes, but it is best to have an attorney who knows the process.

She will have at least one appearance prior to trial, so she could say all the good things about herself (without explaining the facts of this case) and ask for a good offer. If she likes it, take it. If not, get an attorney.

Re: Shoplifting in Colorado

She'll have an opportunity to speak with someone from the DA at the time of her arraignment (that will be her first court date, where she'll plead guilty or not guilty).

Whether she'll want to talk about a plea depends on whether she feels that she is guilty of shoplifting (really did intentionally try to take something out of the store without paying for it, with nothing going on medically or mentally that might impair her intention), is reasonably certain the DA can prove beyond a reasonable doubt that she was shoplifting, and that her arrest was constitutionally firm (her rights weren't violated in some way that would result in evidence being inadmissible in court).

If she feels she can't contest the charge, because she would likely lose at trial (slam dunk for the DA), there's a very high likelihood that at the least the DA will offer a deferred sentence, either to shoplifting or to a lesser charge.

That means she would plead guilty, but if she met the conditions of the deferred sentence (community service for a number of hours determined by the value of the store item she took; no other crimes) at the end of the sentence (usually nine months) her guilty plea would be withdrawn, and the charge dismissed.

Any admissions or statements she makes to the DA while talking about a plea offer could not be used against her at trial, if she decided not to take the offer.

Good luck.

Re: Shoplifting in Colorado

It is fine to go to the first court appearance and speak to the DA. The DA will make her an offer. It should be for a deferred sentence, which is not a conviction. After the DA makes her the offer, she should ask for a continuance and tell the DA and the Judge that she would like to confer with a lawyer. Many times DAs make offers that are not as good as an attorney could get. DAs sometimes take advantage of a defendant's lack of knowledge. Many defendants who represent themselves accept plea offers that they shouldn't have. It is always best to speak with a lawyer for advice. A lawyer can tell her if the offer is worth taking, or if she could do better, or, if she should go to trial.