Denver, CO asked in Criminal Law for Colorado

Q: So i was seen on camera at a seen of a crime.never seen actually commiting any burg.. Since i was only a person driving

Does this mean i should take a attempted burg as the charge?cause i was not the person who even commited the crime.what would be the highest m1 charge i could try to ask for?

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1 Lawyer Answer
Sean Maye
Sean Maye
  • Criminal Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: To be perfectly honest, I'm not sure any attorney on here can sufficiently answer what plea (if any) you should take. That's one of the most important advisements an attorney can provide a client, and you should only be discussing this with your lawyer. If you don't have a lawyer, then you ABSOLUTELY need one.

Nevertheless, if you are generally asking what could be a comparable misdemeanor plea to avoid a felony conviction on either Attempted Burglary or Burglary then I would generally say that you could try to ask for 2 convictions on M1 Theft and M2 Trespass (second degree) + longer term of probation than would normally occur on the one felony conviction + several extra probation conditions (to sweeten the deal, so to speak).

However, if your post here is an accurate summary of things, I think it might be hard to get a DA on board with that type of plea if you're clearly the driver of a car involved in a burglary that is caught on camera and you are also specifically seen on camera. The lesser proposed offer would likely only be available to you if you don't have a criminal history and you have a lot of other good mitigation.

Good luck!

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