Shoplifting charge in Colorado: what happens after you get a summons

You were charged, even if you never saw a jail cell. A summons lets the officer file the charge and release you on your promise to show up in court. The charge, the court and the date are printed on the paper. Keep it somewhere safe and read every line.

Yes. Missing the date on your summons can lead to a warrant for your arrest and a separate problem on top of the theft charge. Check whether the summons sends you to a county court or to a city's municipal court, because shoplifting can be charged either way depending on where it happened and who wrote the ticket. If you hire a lawyer, ask whether you personally need to attend each date. Don't assume you can skip it.

It depends mostly on the value of what was taken. Colorado's theft statute, C.R.S. 18-4-401, sets the level of the charge by value, and the levels run from petty offenses through misdemeanors up to felonies. In some situations, separate thefts can be added together, which can raise the level. Municipal charges are filed under the city's own code rather than the state statute. Your summons should list the specific charge, and a lawyer can tell you what range of penalties that charge carries.

It can. Theft in Colorado requires that a person acted knowingly and meant to deprive the owner of the item. A missed scan, an item left in the bottom of a cart or a distracted moment with a child is a different thing from intent to steal. That doesn't mean a case gets dismissed because you say it was an accident. It means intent is something the prosecution has to prove, and the facts around it are worth a careful look.

Stores and their collection companies sometimes send civil demand letters asking for payment after a shoplifting stop. That's a civil matter, separate from the criminal case. Paying it doesn't make the criminal charge go away, and the prosecutor isn't the one sending it. Talk to a lawyer before you respond or pay, partly because anything you write back could be read as an admission.

No. You have the right to stay silent, and it applies after the stop as much as during it. A friendly call to apologize or clear things up gives the prosecution your own words to use. If an officer or store employee contacts you, you can politely say you won't discuss the case without a lawyer.

If the store told you not to come back or gave you a written trespass notice, stay away. Returning can lead to a trespass charge, and a new charge while the theft case is open makes things harder. If you weren't told anything, staying away while the case is pending is still the safer choice.

Most stores have cameras, and loss prevention reports often rely on them. Your lawyer can request the evidence the prosecution has, including video and the store's report. Stores don't keep footage forever, so asking early matters. Video sometimes shows something different from the written report, and it's one of the first things worth reviewing.

No one can honestly predict that from a summons. The possible penalties depend on the level of the charge, and what actually happens depends on your prior record, the court and the facts. A lawyer who knows the court your case is in can give you a realistic picture once they've seen the paperwork.

Sometimes. Colorado prosecutors and courts may offer options such as diversion or a deferred judgment, where the case is dismissed if you complete certain conditions. Municipal courts have their own programs. Whether any of these is available depends on the charge, your history and the office handling the case, so it isn't automatic. Ask about it early, before entering any plea.

Court records are generally public, and employers and landlords often pay close attention to theft. Colorado law allows many records to be sealed, including many dismissed cases and some convictions after a waiting period. The rules depend on how the case ended. You can read more about sealing a criminal record in Colorado, and it's worth thinking about sealing while the case is still open, since the outcome affects what's possible later.

It can change a lot. Theft can carry immigration consequences that are far more serious than the criminal penalty. Don't plead guilty to anything, even a minor offense, until you've talked with a lawyer who understands how the plea could affect your status.

You aren't required to have one, but a theft conviction can follow you into job applications and housing for years. A lawyer can review the evidence, look at whether intent can be proven, ask about options that avoid a conviction and keep you from saying things that hurt your case. There's more about how these cases are defended on the page about theft and shoplifting charges. Will has defended criminal cases in Colorado for 28 years, including misdemeanor cases in state and municipal courts, and consultations are free. You can call or text (720) 371-3101 any time, and he usually calls back within about 10 minutes.