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Colorado Couple’s Theft Charges at Restaurant: Theft, C.R.S. 18-4-401

| May 19, 2012 | Theft |

Denver Theft Attorney

An elderly Colorado couple is facing Theft charges (C.R.S. 18-4-401) for refusing to pay their bill at the Westminster Outback Steakhouse. The couple claims that they got food poisoning from their meal and that the manager said he would take care of the bill. The manager claims that he offered them a discounted meal, but never said that he would give them a free meal. Theft (C.R.S. 18-4-401) in Denver, Douglas, and Adams County Colorado is a class 2 misdemeanor, if the value of the property is less than $500, and a class 1 misdemeanor if the value of the property is between $500 and $999. If the property has value of greater than $1000, a person accused of the crime can be charged with a felony.

Westminster Misdemenor Theft Lawyer

In this case, the cost of the meal was $56.21, so the couple can be charged with Theft as a class 2 misdemeanor. While they have been advised to pay the bill before they are charged and issued a summons to appear in court, the couple says they want to make a statement about not paying for an unsatisfactory meal. The manager of the Outback said that he calls the Westminster Police Department, which is in Adams County Colorado, any time someone leaves without paying their bill.

Theft Charges in Adams County: Motive Doesn’t Matter

District Attorneys in Arapahoe, Weld, and Jefferson County can pursue Theft charges regardless of how minute the value of the item stolen may be. Likewise, prosecutors usually won’t care about the reason for non-payment of a meal or services. While it may seem completely reasonable to most people that you shouldn’t have to pay for a bad product–or one that makes you sick–this will not generally be considered a good excuse for non-payment under the law.

If you have been accused of theft by police in Aurora, Centennial, Thornton, or Boulder you need an experienced criminal defense attorney to protect your rights. In this job market, even a misdemeanor can greatly affect your ability to get a job unless you can seal your criminal record. At the O’Malley Law Office, we find real solutions to guard your criminal record and your future employment. So be smart, exercise your right to remain silent, and call us at 303-731-0719. Together, we can protect your future.