Legal Question in Criminal Law in Colorado

Shoplifting

My 18 year old daughter was caught shoplifting with her friend. Between the two of them they took 3 shirts total value of $144. My daughter has a pre-trial hearing to see if able to obtain a plea bargain and I'm not sure if she needs an attorney. This is her first offense.


Asked on 3/30/09, 7:03 pm

3 Answers from Attorneys

Philip Rosmarin Rosmarin Law Firm

Re: Shoplifting

For a first offense, prosecutors will often offer a deferred sentence, meaning if your daughter does a certain number of hours of community service, and commits no other offenses during the course of 9 months to a year, the charge will be dismissed at the end of that time, and there will not be a conviction on her record (though the arrest will appear, and that may be later sealed).

If she did the deed, and has no reason to believe it won't be easy to prove she did the deed, the deferred is a pretty good solution. If the prosecutor doesn't offer a deferred at the arraignment, she should ask about it. If refused, she should ask for a continuance of the hearing to get a lawyer.

At the arraignment itself, a lawyer is unlikely to do any better for her than a deferred sentence, again assuming your daughter was caught red-handed and has no doubts about her arrest.

If there is any doubt, she should get a lawyer.

Good luck.

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Answered on 3/31/09, 11:11 am
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Shoplifting

What is she going to do for work? I handle many people who accept a plea bargain, then find the can't get a job or a state license (to sell cars, to cut hair, as a doctor, lawyer, pharmacist, etc) because they entered into a plea bargain. Even a deferred judgement and sentence will keep her out of school or the military for 2 years. Some will stay on her record until she's 30. And nothing ever comes off her record automatically. She'll have to Petition the Court to seal the record when she is 20 or 30. Look at the future, decide what she is going to do, then roll the dice. Good luck.

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Answered on 3/31/09, 1:01 pm
Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: Shoplifting

I would never walk into court without an attorney. Good luck.

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Answered on 3/30/09, 8:34 pm


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