QUESTION

I have been arrested for theft. In exchange for a confession and repayment in full of the funds taken I was told by the company that they would not file charges against me. However, I am now charged with a class 4 felony. How is this possible and what can I do?

Asked on Apr 06th, 2004 on Criminal Law - Colorado
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I have been arrested for theft. In exchange for a confession and repayment in full of the funds taken I was told by the company that they would not file charges against me. However, I am now charged with a class 4 felony. How is this possible and what can I do?
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1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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Many people are not aware that the only person who can make a promise not to prosecute is a prosecuting attorney. The police and other law enforcement agents, and alleged victims like the company in your case, can only make recommendations to the prosecutor. The ultimate decision is up to the prosecutor. In your criminal prosecution, it is not the company but the state who filed charges against you. Your admissions to the company can now be used against you. This is why I advise people not to make statements when they are under suspicion for criminal activity, unless they have a lawyer present. To compound your problem, repayment is not a defense to theft. The best course of action for you now is to retain the services of an experienced criminal defense lawyer in your area who can negotiate with the prosecutor, and should he or she not be willing to drop the charges or offer an acceptable compromise, determine what your defenses are and fight the charges. If you cannot afford an attorney, you can ask the court to appoint counsel for you.
Answered on Apr 06th, 2004 at 12:14 AM

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