Use of a Counterfeit Bill in a Store

My question involves criminal law for the state of: Colorado

I have been charged with Theft $50-300, and Possession of a Second Degree Forged Instrument, both misdemeanors.

I sold an item to a person on the equivalent of craigslist. I received a fake hundred dollar bill which I didn't identify as counterfeit until later. I didn't want to take the $100 loss so I spent it in a store. He gave me change and as I was driving away he called the police with my license plate number.

I have a court date and I am wondering if there is a chance that I can get both charges expunged from my record. I'm below the age of 21 but not a minor. I have no criminal record besides this incident.

What do you think the odds are that I can get these removed?

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What do you think the odds are that I can get these removed?

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The courts don't work on odds.

You need an attorney, because if you're convicted on these charges, you will NOT be able to have them expunged.

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Quoting LawResearcherMissy

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The courts don't work on odds.

You need an attorney, because if you're convicted on these charges, you will NOT be able to have them expunged.

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Why is that? The cop who came to my house informed me that normally I would of received felony charges but because he thought I was just a dumb kid he would only make them misdemeanors. I was under the impression that through community service/restitution/etc I could have these expunged.

If you want to know your chances for getting an even bigger break than you've already received, having knowingly attempted to pass counterfeit money, you really should be consulting an attorney as advised.

Unless you get acquitted or successfully complete diversion (which isn't normally available for this type of charge) or a deferral program, or some miracle occurs and the prosecutor dismisses the charges, Colorado law will not allow the expungement of your record. To the extent that a lawyer might be able to get you a deferral, I would be shooting for that ahead of crossing my fingers and hoping that the law changes.

You do realize that the prosecutor, not the cop, decides what you get charged with, right?

What are you missing here? You were not a dumb kid. You were a dumb kid who decided to pass a forged bill to fix his error.

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Quoting cbg

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You do realize that the prosecutor, not the cop, decides what you get charged with, right?

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My inference is that the police issued a misdemeanor citation. Even if that's the case, though, you are correct that it would be within the purview of prosecutorial discretion to seek to amend to, or to dismiss and refile as, a felony.

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Quoting Mr. Knowitall

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If you want to know your chances for getting an even bigger break than you've already received, having knowingly attempted to pass counterfeit money, you really should be consulting an attorney as advised.

Unless you get acquitted or successfully complete diversion (which isn't normally available for this type of charge) or a deferral program, or some miracle occurs and the prosecutor dismisses the charges, Colorado law will not allow the expungement of your record. To the extent that a lawyer might be able to get you a deferral, I would be shooting for that ahead of crossing my fingers and hoping that the law changes.

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I appreciate the response from you and everyone. Can you link me to some clarification of how Colorado law won't expunge this? So I guess my only hope is to do the sympathy and emotional route and see if I can get one of the miracles you mentioned. I assume a lawyer would albeit be helpful as in any court case, but not as very much seeing as my only option is convincing them because of my age, unemployment, college drop out, etc that they should find it in their heart to dismiss it/acquit it? Sorry if that sentence makes no sense, I'm just trying absolutely as hard as possible to get this removed as I'm sure you understand.

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Quoting witc

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I appreciate the response from you and everyone. Can you link me to some clarification of how Colorado law won't expunge this?

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I believe passing counterfeit is within federal jurisdiction.

http://www.criminaldefenselawyer.com...t/colorado.htm

the cop does not have the actual control over the charges filed. That is up to the prosecutor.



additionally, if you have not been paid a visit from the Secret Service checking out the counterfeit money, the charges may have only just begun to come to light.

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I would of

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Sweet jeebus.

"I would HAVE" or "I would've". What are they teaching you kids?

The reason that it will not be expunged is because Colorado law only allows expungement if you are found innocent or if prosecution never happens.

"So I guess my only hope is to do the sympathy and emotional route"

Um...don't even try that in front of the judge. You get a lawyer and let your lawyer do the talking for you. You only talk when the judge asks you a direct question.

You really need to be consulting with lawyers starting TODAY! And you also need to be honest with your lawyer, that you knew it was a counterfeit bill.

I hope you have the contact info for the person you received the bill from. Because you're gonna want to turn that persons name over to your lawyer to turn over to authorities.