Menu
Call
Contact
Blog

Colorado Springs Identity Theft Lawyer

Google Reviews

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.

WHEN SHOULD I CALL AN ATTORNEY FOR IDENTITY THEFT CHARGES IN COLORADO?

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.

Top-Rated Colorado Criminal Defense Lawyer

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.

Don’t let one wrong decision impact your life, job or freedom.

Call today for a free case evaluation.

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.

Colorado criminal procedure

  • Arrest or
    Summons
    01

    Arrest or
    Summons

    The process begins with either an arrest or a summons. The accused is either arrested or served with paperwork summoning them to appear in court. During an arrest, Miranda rights may or may not be read to you. Officers are only required to recite your rights if they intend to question you about potentially incriminating things.

  • Bond Hearing
    02

    Bond Hearing

    In most cases, you're entitled to have a reasonable bond set after you've been arrested. In situations involving domestic violence, the police will request input from the victim before setting a bond. Bonds are set to ensure that a person appears in court at their court dates. If they don’t show up, they forfeit the money that was paid for the bond.

  • Advisement of
    Charges
    03

    Advisement of
    Charges

    Whether you are arrested or given a summons to appear, the court must make sure you understand what crimes you are being accused of committing. This is called advisement of charges. The District Attorney will detail the specific charges against you, and the Judge has to make sure you understand what possible penalties are associated with that charge in the state.

  • Preliminary Hearing
    (for Higher Felony
    Charges)
    04

    Preliminary Hearing
    (for Higher Felony
    Charges)

    A preliminary hearing is a way for your defense attorney to challenge the District Attorney’s right to bring charges against you by making them prove that there is reason to believe you committed a crime. The Judge is not deciding your guilt or innocence, but rather whether or not there is probable cause to charge you with the crime in question.

  • Pretrial Conference /
    Disposition
    Hearing
    05

    Pretrial Conference /
    Disposition
    Hearing

    This court date comes after your attorney has reviewed all of the reports and evidence in your case. Here’s where your attorney will engage in plea negotiations with the DA. If they can reach an agreement on the case, you may be able to take a plea bargain. If they cannot reach a resolution, your case will be set for an arraignment or trial date.

  • Arraignment
    06

    Arraignment

    An arraignment is the final date for you to decide how you choose to plea. Guilty or not guilty. If you plead guilty, then the case is set for a sentencing date. If you plead not guilty, you and your attorney will then set the case for trial.

  • Motions Hearing
    07

    Motions Hearing

    A motion hearing is when an attorney makes a request that requires a decision from the judge. For example, motions to suppress evidence or statements. These motions can limit the information that goes before a jury if it benefits your case, and there are legal grounds for doing so.

  • Pretrial Readiness
    Conference
    08

    Pretrial Readiness
    Conference

    A pretrial readiness conference is held at some point before trial. It usually is held about a week to a month before the date trial is set to begin. This court date ensures everyone is ready to go to trial on the set date. It is also a time for lawyers to bring up any issues they may have to be addressed before the day of trial.

  • Jury Trial
    09

    Jury Trial

    After a jury is selected for trial, the District Attorney’s responsibility is to present the case to the jury. The DA must prove beyond a reasonable doubt that you are guilty of the crime. Otherwise, the jury must find you innocent. Your attorney will be able to cross-examine all of the witnesses, present evidence, and ultimately help you navigate this process.

  • Sentencing
    Date
    10

    Sentencing
    Date

    At sentencing, the Judge must decide the appropriate legal penalty for the crime you plead guilty. The Judge’s decision is based on the listed penalties for the specific charge, recommendations from the presentence investigation, your criminal history, as well as statements made at the sentencing by the District Attorney, your attorney, you, and any named victims of the crime.

What is the sentence for misdemeanors in Colorado?

  • Class 1

  • 6 to 18 months in county jail, and/or
  • $500 to $5,000 in fines
  • For extraordinary risk class 1 misdemeanors, the maximum jail sentence is 24 months.
  • For 3rd-degree assault (CRS 18-3-204), the maximum sentence can be 48 months if the victim was on duty as a:
    • Peace officer,
    • Emergency medical provider,
    • Firefighter, or
    • Mental health professional at the Department of Human Services.
  • Class 2

  • 3 to 12 months in county jail, and/or
  • $250 to $1,000 in fines
  • Class 3

  • Up to 6 months of county jail, and/or
  • $50 to $750 in fines

What are Colorado felony penalties?

  • Class 1

  • Life imprisonment
  • No Colorado crime carries the death penalty.
  • Class 2

  • 8 – 24 years in Colorado State Prison, and/or
  • $5,000 – $1,000,000
  • 5 years of mandatory parole if the offense is a crime of violence. Otherwise, 3 years of mandatory parole.
  • Class 3

  • 4 – 12 years in prison, and/or
  • $3,000 – $750,000
  • 3 years of mandatory parole
  • For extraordinary risk class 3 felonies, the maximum sentence is 16 years in prison.
  • Class 4

  • 2 – 6 years in prison, and/or
  • $2,000 – $500,000
  • 3 years of mandatory parole
  • For extraordinary risk class 4 felonies, the maximum sentence is 8 years in prison.
  • Class 5

  • 1 – 3 years in prison, and/or
  • $1,000 – $100,000
  • 2 years of mandatory parole
  • For extraordinary risk class 5 felonies, the maximum sentence is 4 years in prison.
  • Class 6

  • 1 – 18 months years in prison, and/or
  • $1,000 – $100,000
  • 1 year of mandatory parole
  • For extraordinary risk class 6 felonies, the maximum sentence is 2 years in prison.

CALL NOW IF YOU HAVE BEEN ARRESTED

719-822-6227

Getting You To A Better Place Fast

At Right Law Group, we understand the stress you are under. Our Criminal Defense Law Firm is here to guide you down the right path to your legal challenge. Whether you are facing your first DUI, a drug charge, need a restraining order, or are facing another type of criminal charge, our firm is committed to your well-being and protecting your rights the right way.

HOW DO YOU DEFEND AGAINST IDENTITY THEFT CHARGES?

Not everyone who is charged with identity theft is guilty. Possible defenses against identity theft charges in Colorado include:

  • The accused had the other person’s permission to possess and use their information
  • There was no intent to defraud anyone
  • The information wasn’t used to obtain anything of value
  • The accused is the victim of police misconduct or an illegal search
  • The accused did not know that the information belonged to a real person

If you’re caught up in any of these situations, don’t make the mistake of trying to represent yourself. You need an experienced Colorado Springs identity theft lawyer.

CAN IDENTITY THEFT CHARGES BE DROPPED?

Yes, it is possible to have identity theft charges dropped. However, this is difficult without competent legal representation. Misguided individuals who have been charged with identity theft may try to take matters into their own hands. They reach out to their accusers in an attempt to clear up a misunderstanding, they sit through police questioning without an attorney present. They give up their legal rights and only make matters worse.

An attorney has resources that the average person does not. They can collect evidence to build a strong defense through search warrants and subpoenaing witnesses.

IS IT A CRIME TO STEAL SOMEONE'S IDENTITY?

Identity theft is a crime if you use that person’s identity for your own personal gain or to defraud someone else.  Even if you have no intent to gain anything or commit fraud, the manner in which you obtained the personal information could be a crime. Identity theft in Colorado is a felony, and nothing to take lightly.

Experienced Criminal Defense Lawyer

Colorado Springs Identity Theft Lawyer Near You

When you’re charged with identity theft in Colorado, you need a lawyer who is familiar with the laws and knows how the court system works. Criminal defense attorneys work with you to help you establish a strong defense. Even if you believe that a conviction is inevitable, a Colorado Springs criminal defense lawyer can help you fight for a lesser charge, a reduced sentence, or another more favorable outcome. Contact us right away for a free case consultation.