Denver Shoplifting Attorneys
Shoplifting Laws in Colorado
According to Colorado’s revised statutes section 18-4-406, it is a crime to willfully concealing goods, wares, or other merchandise that was not paid for within a mercantile establishment. Doing so is considered prima facie or intent to commit theft in Denver and Colorado.
Colorado’s revised statutes section 18-4-401 states it is a crime to steal another person’s property, receive stolen goods, or receiving money which is stolen.
To successfully convict someone of shoplifting in Denver, the state must prove beyond a reasonable doubt that these elements are satisfied:
- The defendant,
- In the State of Colorado, on the date and place charged,
- Took control of another person’s valuables,
- Without authorization (or through the use of threats or deceit), and
- Received or disposed of such valuables, and
- Used, concealed, or abandoned them,
- With the intent of permanently depriving the other person of its use or benefit.
Furthermore, section 18-4-407 grants immunity to store owners and their employees from liability for questioning someone they reasonably suspect has shoplifted from their store:
- “If any person triggers an alarm or a theft detection device…or conceals upon his person or otherwise carries away any unpurchased goods…or merchandise held or owned by any store or mercantile establishment, the merchant or any employee thereof…acting in good faith and upon probable cause based upon reasonable grounds therefore, may detain and question such person, in a reasonable manner for the purpose of ascertaining whether the person is guilty of theft. Such questioning…does not render the merchant, [or] merchant’s employee…civilly or criminally liable for slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention.”
Skilled Denver Shoplifting Defense Legal Counsel
At Fife Luneau, P.C., we have dedicated the majority of our practice to defending people in criminal proceedings to ensure that they receive a just and fair trial that is free of government misconduct in violation of their due process rights.
Our clients can benefit from our personalized and results-driven approach to criminal defense advocacy, and so can you. We are dedicated to giving your case the necessary attention and focus, ensuring that your interests are properly served.
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Will my license be suspended if I am arrested for DUI?When you have been charged with driving under the influence, the DMV will begin the license suspension process. Depending on the circumstances of your arrest, you can face a suspension of up to five years. Challenging a license suspension requires you to request a DMV hearing within seven days of you being pulled over. The results of this trial may be a probationary license that allows you to keep driving or the installation of an interlock ignition device that will allow you to drive only after you have proven your sobriety.
How are DUI and DWAI offenses different?
DUI, or driving under the influence, is usually charges as a misdemeanor that arises when you blood alcohol content is .08% or above. Driving while ability impaired, or DWAI, is an infraction when your BAC is higher than .05 but less than .08. DUI offenses carry more serious charges, including up to a year in jail, $1,000 in fines, and community service. A DWAI conviction will result in up to 180 days in jail, $200 in fines, and up to 48 hours of community service. Our Denver DUI lawyers can challenge the results of breath and blood tests and have a successful record in many cases.
Can’t I just accept the consequences of an arrest and move on?
It can be incredibly stressful to face a first offense but accepting your conviction will not simply allow you to move on. When you have a criminal record, many avenues become barred for you, including some professional licenses, the ability to join the military, and having other rights that are granted to citizens. At Fife Luneau, P.C., our Denver criminal defense attorneys work hard to fight for you and your record.