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Second Degree Burglary and Theft Under $500

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  • 08-11-2010, 07:49 PM
    buckeye109
    Second Degree Burglary and Theft Under $500
    My question involves criminal law for the state of: Colorado

    If someone were to enter an opened garage and steal a a bottle of expensive liquor and be seen exiting by neighbor who then called the police. Under questioning when the police arrived and entered the "perpetrator's" when he/she answered the door. Upon questioning the perpetrator admitted to taking the liquor all the while under the influence. The police handcuffed the willing person and took him to jail however, a roommate returned the stolen, unopened liquor. After speaking together the neighbor decided to call the DA and told him he wasn't going to pursue any charges. What will be the likely outcome of this situation?
  • 08-11-2010, 08:23 PM
    cyjeff
    Re: Second Degree Burglery and Theft Under $500
    The DA will make a decision on whether or not to pursue the action.

    I cannot predict that decision.

    I will, however, predict that your neighborhood rapport is in the toilet.
  • 08-12-2010, 01:03 AM
    buckeye109
    Re: Second Degree Burglery and Theft Under $500
    Quote:

    Quoting cyjeff
    View Post
    The DA will make a decision on whether or not to pursue the action.

    I cannot predict that decision.

    I will, however, predict that your neighborhood rapport is in the toilet.

    Any ideas on which way the DA will go was kind of the point? How does the fact that the "victims" did not want to pursue charges?

    The neighborhood has been itching for a pointless scandal...but yes
  • 08-12-2010, 08:20 PM
    buckeye109
    Re: Second Degree Burglery and Theft Under $500
    no ideas???
  • 08-12-2010, 08:40 PM
    cyjeff
    Re: Second Degree Burglery and Theft Under $500
    Quote:

    Quoting buckeye109
    View Post
    no ideas???

    No, we cannot predict the future.

    However, calling theft by entering a "pointless scandal" shows what the decision SHOULD be.
  • 08-12-2010, 08:49 PM
    buckeye109
    Re: Second Degree Burglery and Theft Under $500
    Quote:

    Quoting cyjeff
    View Post
    No, we cannot predict the future.

    However, calling theft by entering a "pointless scandal" shows what the decision SHOULD be.

    not much of a sens of humor, eh?
  • 08-13-2010, 05:26 PM
    cyjeff
    Re: Second Degree Burglery and Theft Under $500
    Quote:

    Quoting buckeye109
    View Post
    not much of a sens of humor, eh?

    I have gobs of humorous senses.

    You, however, need to learn when things are not a laughing matter.
  • 08-13-2010, 06:13 PM
    tc498
    Re: Second Degree Burglery and Theft Under $500
    Many times the da may not be willing to totally throw out the charge,it seems like they will at least reduce the charge,burglary is most likely a felony. The Bulgar charge might get thrown out but the person may still be stuck with a misdemeanor theft over some no sense and if 5 years from now that prevents them from a job they are not gonna be laughing it up. Even if the charges are all dismissed,the arrest record can also come to bite them in the ass.

    They may also have to deal with probation or at least a huge fine which is never pleasant. It can be good to laugh but they got understand it's a serious salutation. Lets not forget if they have to hire a lawyer and waste their time going to court a few times. Which can interfere with class or work. The neighbor is happy to have a story to tell,the lawyer gets some money from the client and state gets to slap the poor sap with a huge fine.
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