My brother has admitted to and charged with stealing over $400,000 from my blind father over a period of 10 years. He did have POA during this time. The Deputy Dist. DA in Colorado, Boulder County wants to present a plea bargain of restitution of $1000.00 per month in lieu of jail. He has 2 F3 charges filed against him. Theft and Theft at risk victim. I now have POA. My father is now living in an assisted living home. I don't want his restitution. I cannot believe this offer is even on the table. He needs to be punished for his crime. My father had no idea he had taken the money, he lied and made it appear it was all intact.My father was once a JP and he told me to go to the police. He is 94What is your advice? I have written to the DA. The story was a headliner on TV and all the papers when it broke on February 11, 2009. Can this be happening? $1000.00 is a mere spit in the bucket. He does have lawyers who were once prosecutors. He has no priors. Thank you.
Even with no priors this sounds extremely lenient for a theft of such magnitude involving betrayal of his own father. He should be ordered to pay restitution whether or not he goes to jail, not instead of going to jail. I would keep telling the DA that theft of $400k has got to carry at least some jail time and years of probation.We see people go to jail for Stealing much less than that, what is wrong with your DA?N Cal Attorney39873.405613044
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).