Legal Question in Criminal Law in Colorado

shoplifting

My 16 yr. son was caught shoplifting $103 worth of clothing and we want to see if we can plea bargain. He has no prior record or incidents, basically a good kid with bad judgement that day. Can we request this from the county prosecutor before the court date?


Asked on 8/26/08, 7:15 pm

2 Answers from Attorneys

Philip Rosmarin Rosmarin Law Firm

Re: shoplifting

You can try, but the prosecutor probably will just want to do it on the day of the arraignment; that's really what that date is for anyway. Your son may be offered a deferred judgment, meaning that if he does some community service and stays out of trouble for the period of the deferred (likely 9 months, though ask for 6), the case will be dismissed. But ask for something better, like a diversion program, which would keep your son out of the criminal system altogether, and would probably require him to attend a class, or write a paper.

This should be the first offer of the prosecutor, so maybe you won't have to bargain much. But don't be afraid to negotiate if it isn't the offer.

Good luck.

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Answered on 8/27/08, 3:05 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: shoplifting

The DA willlikely not even look at the case until the court date. He should get an offer for juvenile diversion. That's what you want.

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Answered on 8/27/08, 3:56 pm


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