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 Barrister Your Own Question
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 38173
Experience:  16 years practicing criminal defense.
Type Your Criminal Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

In Colorado, is it legal for a regular citizen to force someone

This answer was rated:

In Colorado, is it legal for a regular citizen to force someone to attend therapy under threat of prosecution?

Example: Theft occurred at a home. The owner of that home tells the thief that if they "Don't begin seeing a therapist, they will press charges regarding the theft, as well as call child protective services." The home owner has already told the police that they do not want to press charges regarding this matter.

Is this legal, or would it be considered blackmail, and if so, how should it be reported?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
Blackmail it typically considered to be illegally using threats of violence or of disclosing some embarassing fact about someone in return for money. In this situation if the theft did actually occur, then the owner of the home would be legally able to file a formal complaint and request that criminal charges be placed against the offencer at any time within the statute of limitations for prosecuting the criminal act. If it was a misdemeanor, the SOL is typically either 1 or 2 years. If it is a felony, then it ranges from 5-10 normally depending on what the exact crime was and the value of the stolen items.
With that said, since the owner would have the legal right to pursue criminal charges should they choose to, then there would not be anything illegal about them privately agreeing not to do so if the person who committed the theft sought therapy for whatever problem caused them to commit the theft in the first place.
So the short answer is no, it wouldn't be illegal for the homeowner to agree to not press criminal charges if the offender agreed to therapy.
Barrister and 4 other Criminal Law Specialists are ready to help you