Theft, C.R.S. 18-4-401, cases in Colorado can be very burdensome to manage and require the help of an experienced Denver criminal lawyer to help. Law enforcement officers in Lone Tree, Lakewood, and Parker are quick to charge a person with Theft without having proof that it occurred. A criminal defense lawyer that you hire should be knowledgeable of the tricks police and District Attorneys in Douglas, Arapahoe, and Jefferson County use.
How the Required “Intent” Element Can Help Prove You are Innocent of Theft
Intent to commit the crime of stealing someone else’s property in Adams, El Paso, and Denver County is often the most difficult element to prove for the government. For instance, Kohl’s prosecutes many theft cases in Aurora, Highlands Ranch, and Westminster. The private security for the shopping outlet will stop someone for petty theft prior to them leaving the store. This situation is ripe for an argument of lack of intent. Did the person being stopped intend to steal? Was the suspected party going to pay for the items in their cart? These are arguments that can carry a lot of weight with a jury of your peers.
Actual cops aren’t much better when it comes to accusing individuals of shoplifting. The police in Clear Creek, Gilpin, and Broomfield County will charge a person with Theft when that person didn’t even remove anything from the store. I have seen cases where police officers and sheriff’s deputies will charge a person while that person is still shopping. That’s right. People are charged with Theft even when they are still looking at products and merchandise to purchase.
The Total Dollar Amount is What Matters – Felony or Misdemeanor Theft
The law in Colorado bases the punishment for Theft upon the dollar value allegedly taken. A criminal defense lawyer who practices regularly in all of the jurisdictions in Colorado should know how to attack the dollar amount in question. Were items damaged, misplaced, or unaccounted for? Each one of these situations poses a different potential outcome for shoplifting and petty Theft cases. Read our Theft and Embezzlement Blog for more information.
Many steps in the legal system need to be completed accurately and in a timely manner to ensure the preservation of your rights under the Constitutions of the United States and Colorado. The criminal defense attorneys at the O’Malley Law Office know how to confront the prosecution’s evidence and arguments in cases of theft. So, if you or a loved one have been charged with Theft, be smart, exercise your right to remain silent, and call us today at 303-731-0719. Or, ask us about a jail visit meeting with your loved one in the county jail Together, we can protect your future.