Legal Question in Criminal Law in Colorado

ATM Theft?

My daughter made an ATM deposit for me 4 years ago(1997). The amount was $200, but the account was credited $20,000. The error was not found.

I moved about a year later. Just found out that a warrant has been issued for my arrest since 1999 and it indicates ''fugitive warrant for theft$15,000...failure to appear''''

I can return the money today, but it doesn't look quite that simple now as a criminal case number has been filed.

Facts:first time offence,no summons was delivered,four years ago,( does statute of limitations apply?)I will turn myself in now that I know a warrant is out.

Questions: If I plead guilty is there a chance not to have it be a felony? (my work is foster care and any felony will cause permanent loss of work and inability to adopt one of my kids that is is process)


Asked on 6/10/01, 12:56 pm

2 Answers from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: ATM Theft?

It is difficult to imagine a more foolish decision than to "turn oneself in" without first having retained an experienced criminal lawyer.

If you choose to do this your understanding of the criminal justice system is so lacking as to make an intelligent response to the rest of your questions not worth the effort.

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Answered on 6/28/01, 1:08 pm
Peter W. Thomas, Esq. PETER WILLIAM THOMAS, PLLC

Re: ATM Theft?

DO NOT turn yourself in without consulting with an attorney. Based on the brief summation of facts provided, it appears there are procedural and substantive issues and also mitigating factors all of which your attorney could leverage in your favor to work out a negotiated plea bargain with the prosecutor to possibly avoid a felony charge.

I would be more than happy to chat with you in more detail if you would like.

Very truly yours, Peter W. Thomas.

303-260-6424

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Answered on 7/03/01, 12:29 pm


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