Colorado Springs Identity Theft Lawyer

No matter how minimal identity theft charges may seem, they are no laughing matter. A conviction could mean time behind bars, hefty fines, and a criminal record. If you’re facing these charges, contact a Colorado Springs identity theft lawyer today. Our team can work to build a strong defense and ensure that your legal rights are upheld throughout any investigations.

You should call a criminal defense lawyer as soon as you suspect that you are under investigation for identity theft. Don’t wait until you are arrested or served with a search warrant.

By the time you hear from law enforcement, they’ve already built a strong case against you. The sooner we can get started on your case, we have a stronger chance of achieving the best possible outcome.

EXAMPLES OF IDENTITY THEFT

According to Colorado Revised Statute (C.R.S.) § 18-5-902, a person commits a crime if they use someone else’s “personal identifying information, financial identifying information, or financial device” without that person’s permission or in an attempt to defraud someone.

• Personal identifying information includes a person’s legal name, date of birth, driver’s license number, and social security number.
• Financial identifying information includes a credit card number or bank account number.
• A financial device includes an actual credit, debit, or ATM card; a check; or a money order.

What does identity theft look like in real life? A person may be charged with identity theft in Colorado if they:

• Steal their roommate’s credit card information and make online purchases
• Use their identical twin’s driver’s license and social security numbers when filling out a rental application
• Take a friend’s checkbook to pay a utility bill, without their friend’s permission
• Log into a relative’s bank account and transfer funds into their own account, without that relative’s permission
• Use someone else’s ID if they are contacted by police

The penalties for identity theft in Colorado are harsh.

What to Do If You’ve Been Arrested

According to the American Civil Liberties Union (ACLU), one of the most important things you can do if you have been arrested is to remember that you have rights, and to protect those rights through your actions. This includes:

• The right to remain silent, until you have an attorney present for the questioning. You must state your name to an officer if asked.
• However, following this, you can clearly state in response to the officer’s questions, “I wish to invoke my right to remain silent and I would like an attorney.”
• If you have invoked your right to remain silent and have requested an attorney, you do not have to say anything further. Do not make any additional statements, offer any excuses or explanations, or sign anything until your attorney is with you.
• Remember that you do not have to consent to a search of your property. During your arrest, you may be subjected to a pat-down of your clothing to ensure that you do not have a weapon. Be aware that stating that you do not consent to a search of your property does not guarantee that this search will not take place, but making your objections known before the search takes place can preserve your rights in later proceedings.
• Hire an experienced Colorado Springs criminal defense attorney to provide further guidance and assistance as you navigate the criminal court proceedings.

WHAT ARE THE POSSIBLE PENALTIES FOR IDENTITY THEFT CHARGES IN COLORADO?

Identity theft is a class 4 felony in Colorado. Pursuant to C.R.S. § 18-1.3-401, possible penalties may include:

• A minimum prison sentence of two years
• A maximum prison sentence of six years
• Three years of mandatory parole
• Monetary fines

A person could face enhanced penalties if they have certain prior convictions.

There are also societal consequences to an identity theft conviction.

• Individuals convicted of identity theft may be viewed by others as dishonest, irresponsible, and untrustworthy.
• Having a felony on your record may prevent you from working in certain occupations.
• Some landlords won’t rent to anyone with a felony conviction.
• Colorado residents who are incarcerated for a felony conviction are unable to register to vote and to cast a vote.

A felony conviction limits your opportunities and your choices and damages your reputation.

CRIMES RELATED TO IDENTITY THEFT CHARGES IN COLORADO

Identity theft charges are often complex. They may be filed in conjunction with other types of criminal charges.

Residential and commercial burglary (C.R.S. §§ 18-4-201 — 18-4-205). Burglary is often a means to obtain personal information. Stolen items could include a laptop or other electronic device, a cell phone, a wallet or purse, a will, vehicle registration, bank statements, credit/debit/ATM cards, birth certificates, or passports.

Criminal impersonation (C.R.S. § 18-5-113). It is a crime to “willingly and knowingly” assume a false or fictitious identity and then use this identity to carry out certain activities. Harmless jokes or pranks may be in poor taste, but would not be considered criminal impersonation. To be considered criminal impersonation, the actions must harm another person or result in some type of gain for the actor.

Bigamy (C.R.S. § 18-6-201). It is illegal to be married to more than one person. A married individual could use a stolen identity to both deceive a romantic partner and illegally obtain a Colorado marriage license.

Forgery (C.R.S. § 18-5-102). Identity theft and forgery can be intertwined when someone forges another person’s signature on a check, money order, or credit card slip, and in doing so either gains something or commits fraud.

Unlawful possession or use of license (C.R.S. § 42-2-136). It is illegal to “display or represent” someone else’s driver’s license as your own. That includes a minor’s driver’s license, a temporary license, and a learner’s permit.