Denver Criminal Law Law Blog

Many people look at shoplifting as a 'lesser' or 'unimportant' crime, and that if you get caught you just get a slap on the wrist. The fact of the matter is that shoplifters can face serious consequences that they may not expect.

We frequently see in movies and television how shoplifters get let go because the store owner has a change of heart and decides to drop the charges. In reality, that's not how it works. Once a case of shoplifting has been reported, it becomes a case for the district attorney's office and they're the ones, not the store, who decides whether the shoplifted needs to be prosecuted. In fact, even if the store wants to drop the charges and let the person go, the DA's office can still continue to prosecute the case!

To make matters worse, anything you say to the store owners in an attempt to settle things with them can then later be used in court against you.

While most shoplifting offenses are misdemeanors (anything under $1,000), they still go on your permanent record and can prevent you from getting a job or contribute to your conviction of another crime in the future.

The best thing to do if you've been caught shoplifting or have been accused of shoplifting is to say nothing and then make a call to an experience defense attorney who can help clear you of the charges that you don't deserve. Life is hard enough right now without also having to deal with fines, community service, or even jail time!

One of the most overlooked types of theft in Colorado is theft of rental property. Many times, people rent tools, cars, moving trucks or other property with the intention of returning when it is due, only to make the poor decision to hang on to the rental property past the due date for the return. While most rental companies will work with you to extend the rental terms if you make a phone call request, failure to communicate your desire to extend your lease of the property can have seriously legal repercussions.

Theft of rental property in Colorado is very similar to other personal property theft charges. Like in other types of theft charges, the class of the crime depends largely on the value of the property that was not returned at the end of the lease agreement. Keeping a $100 tool will typically result in less harsh penalties than keeping a car past the terms of the lease.

What are the Penalties for Theft of Rental Property?

Misdemeanor theft of rental property charges have penalties ranging from a $50 fine (minimum penalty for a Class 3 Misdemeanor) to eighteen months in prison and a $5,000 fine (maximum penalty for a Class 1 Misdemeanor).

Felony theft of rental property charges have much more serious consequences. A Class 4 felony charge will result in two to six years in prison and $1,000 to $20,000 in fines. A Class 3 felony charge will result in four to twelve years in prison and over $20,000 in fines.

If you are facing theft of rental property charges, you cannot afford to rely on a public defender. Get the representation you deserve by contacting a qualified and experienced Colorado theft attorney today.

When facing a Colorado jury trial, many people fear the worst when in actuality a jury trial is the best chance for success in many types of cases.  A jury is selected from the general public, and they are screened to find the least biased people possible. This means that they don't know you, they don't know your case, and they likely don't know much, if anything, about the law.

This lack of bias also works in your favor by providing you a group of people to determine your case that have no loyalty to the judge, the attorneys, the police officer that arrested you, or any other member of the county or state government. When a judge decides on a case that has no jury, he is working with his co-workers: attorneys and police officers that he sees every day and knows personally, therefore values their opinions.

It's a common fact that people chosen for jury duty take their responsibility very seriously. They do not want to see an innocent person put in jail, and therefore must believe that beyond any reasonable doubt that a person is indeed guilty before handing over a guilty verdict. If they feel the government has not proven beyond a shadow of a doubt that you are guilty, they are most likely to let you walk away.

Most importantly, the jury are your peers. They get up, take care of their families, go to work, walk their dogs and do all of the other things that a normal person does in a day. They understand that people make false allegations when they are trying to get revenge, and often have a distrust of the judicial system from their own personal experience, or what they have witnessed friends or family deal with in legal situations. All of this can be leveraged to your favor during a jury trial.

If you, or someone you care about, is facing the possibility of a jury trial, you need the help of an experienced criminal defense attorney that can help your Colorado jury trial work to your benefit.

According to Colorado law, you are permitted to use physical force against another person in an effort to defend yourself or another person from being physically harmed by another person. This affirmative defense strategy is often successful in cases where the defendant is accused of assault, harassment or menacing.

Many people think that you have to wait to be physically attacked to defend yourself. Often, in a charged situation, someone getting into your personal space, making threats or otherwise indicating that they have the intent to do physical harm to you or another person can be grounds for using physical force to defend yourself.

Obviously, it is best to use the least amount of force necessary to prevent an attack. For example, pushing someone away from you that aggressively comes into your personal space is better than throwing a punch, but as long as the amount of force you use to stop the situation is reasonable, your Colorado criminal defense attorney may be able to use self defense as a strategy in court.

One of the key factors in a successful self defense strategy is that you do not speak with the police without your attorney being present. A simple mistake in how statements are worded can make or break a self-defense claim.

Your first reaction when you fear you are in danger of being physically harmed by another person should be to protect yourself. Likewise, your first reaction when you are confronted by the police in regards to using physical force should be to stay silent and contact your attorney immediately.