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xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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I live in colorado. One of my workers husbands had an arraignment

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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.
Thanks for using 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.

Customer: replied 4 years 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.

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.

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Thank you.

xavierjd and 4 other Criminal Law Specialists are ready to help you
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,