How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask xavierjd Your Own Question

xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
14261217
Type Your Criminal Law Question Here...
xavierjd is online now
A new question is answered every 9 seconds

I live in colorado. One of my workers husbands had an arraignment

Customer Question

I live in colorado. One of my workers husbands had an arraignment hearing today and pleaded guilty. He had a "cap" protecting her from prosecution for a drug crime. How does that work now. Is she free and clear or does she need to be worried because I think he is just getting probation and told her that if he got in trouble then she would too and not be protected anymore.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

A "cap" usually refers to sentencing. For example, if a crime has a maximum jail sentence of 1 year, the prosecutor and defense attorney can agree to a "cap" to a lesser amount of jail time, or probation. So long as the judge is in agreement (and usually is unless there is good cause as to why the defendant should be sentenced to longer than the "cap", then the agreement to the cap will be honored.

Did she receive "immunity" from prosecution?

Can you provide a few more facts? In the meantime, I will research the "cap" issue.

Thanks
Customer: replied 1 year ago.

supposedly that is what the cap does. as long as he did what he was supposed to until he pleaded guilty. which we think is today. He is acutally a jerk and is really messing with her so she is just scared also.

Expert:  xavierjd replied 1 year ago.
Hi Angela,

Again, a cap plea is a term used in criminal law to refer to a guilty plea entered upon judge's promise not to impose a sentence greater than specified term or range of imprisonment. It may be used to allow the defense to propose a sentence, but retain the option of going to trial if the judge does not agree. A cap plea is a form of plea bargaining, and is subject to rules and practices, which will vary by local court.

Part of his "cap plea" may have been an "unwritten" agreement whereby he would work with the police regarding the drug case. For example, he may have agreed to "introduce" undercover police to drug dealer(s) so that the police may buy from the drug dealer and arrest that seller of drugs. That is just an example, and I do NOT, by any means indicate that this is what happened.

If he entered the guilty plea today, it probably meant that he did whatever he agreed to do prior to the entry of the plea. If he did so, then the jail/prison or probation "cap" would come into play, assuming that the judge has also agreed to the cap.

The cap applies ONLY to the husband. It has NOTHING to do with the wife. If he is put on probation and violates any term of probation placed upon him by the judge, then the judge can place the defendant in jail/prison.

If the prosecutor wants to charge his wife with anything, the police must first do an investigation into any criminal charges. Then, if the police believed that there was enough evidence that the wife had broken a law, the police would have to present the evidence to the prosecutor. The prosecutor would have to believe that s/he could prove the criminal charges "beyond a reasonable doubt." If so, then the prosecutor would sign a request for warrant authorization. It would go before the judge, and if so, then charges would be formally brought against the wife.

It would be HIGHLY unlikely that a "cap" has anything to do with his wife. The husband is probably just "messing with his wife's head." However, if she is concerned, she can speak to the prosecutor regarding the "cap" and what the cap means. Or, she can consult with an attorney in her county who specializes in criminal law.

I hope you find this information useful.

It is my goal to provide you with excellent service. If you believe that I have provided anything less, please ask follow up questions so that I can clarify my answer. If you are SATISFIED with my answer, PLEASE RATE IT AS "EXCELLENT" or in another POSITIVE manner.

Thank you.

xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 2 other Criminal Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi Angela,

Thank you for the "good service" rating! I greatly appreciate it.

If you have future questions, you can specifically request me as the expert.

Thanks again,

xavierjd

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.