My question involves criminal law for the state of: Colorado
Hi there -
I recently partook in a failed attempt to "dine and dash" from the local iHop. I was with three other people. After eating, we promptly left the restaurant, only to be caught and written up by the police. I now have a court date in the next month.
I am wondering, what do you think my punishment will be?
Further details:
I am 18, just recently graduated. This is my first offense ever. I do not deny being guilty - however, one of the members of my group (who has a past criminal record) insists on pleading not-guilty. The crime was so blatant that I can't imagine how we would be able win the court over. He's on probation and fears for another jail sentence. So this I ask - is it possible for me to plead guilty, despite his plea of not guilty, even though we were in the same group? And will I receive my own public defender, or will one be assigned to all four of us?
I also have to point out that I was the transportation, with my car. I am unsure of the Colorado law involving passengers - I know that when one is 16, one is not allowed to have passengers in the car until they've held their license for 6 months. I am 18 and have held mine for five. All the other passengers were 18 - I'm not sure if the law still applies, considering that we are all adults? Do you suspect that this will be mentioned in court, and does anyone know the exact law...am I guilty of this as well?
Further: One member of my group was caught with marijuana in his pockets. I myself was not high, and do not get high (ever). However, one of the cops implied/suspected that I was high and I fear this will be mentioned in court. If it is, is it possible that I can request drug testing? I am 100% certain I will pass.
I also must mention that the amount we stole was paid back - the total cost came to $52.20. I paid $20 with the remainders of my debit card, another member of my group paid $30. Would this classify as an attempt at theft, or - I'm not being optimistic - would it still be theft, considering it was the cops who went into my car and paid the fines with my and his cards themselves? If we had not paid we would have been sent to jail is what the cops tell us - we agreed to pay the costs, versus not agreeing and being locked up however long. The actual amount I personally stole was only around $8, for 3 blueberry pancakes. I am embarrassed beyond belief.
One more note: I reside in the city the crime was committed in. The other 3 do not. Does it matter?
Something else I must mention, before I'm done: I had an exercise hand pump (it works out your forearms) inside my car. This was not taken into the restaurant. When the cops came back with my wallet, they for some reason took the hand-pump as well...I also had a tennis racket,a skateboard, some magazines, pens, pencils, in the car as well, but this they singled out and collected as evidence. I doubt I will mention this in court...but, then again, is it worth mentioning? I realize I am a thief myself, but this cop seemed to take something he wanted from my car and label it "evidence" and I'm sort at a loss for words.
Anyways, my question - to reiterate - after all these (possibly unnecessary) details: what does one expect me to get, punishment wise?

